Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal. We will not investigate the complaint about an alleged data breach because the complainant can complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Penalty Charge Notice (PCN); she wants the Council to cancel it. Ms X also complains about an alleged data breach.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council. I also read the tribunal decision and considered our Assessment Code.

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My assessment

7. The Council issued Ms X with a PCN for a parking contravention. Ms X disputed the fine and appealed to the tribunal. The tribunal considered the appeal but upheld the fine. Ms X paid the PCN.
8. Ms X continues to dispute the PCN and wants the Council to cancel it.
9. Ms X says the tribunal bundle she received included information about someone else. She also says her details have been disclosed to a third party. The Council is aware of the alleged data breach and has been making further enquiries about it with Ms X.
10. We cannot investigate the PCN, or ask the Council to cancel it, because Ms X appealed to the tribunal. The law says we cannot investigate any issue that has been appealed to the tribunal. This restriction applies whether the person wins or loses the appeal.
11. We will not investigate the complaint about the alleged data breach because Ms X can complain to the Information Commissioner if she is unhappy with the Council’s response. It is reasonable to expect Ms X to do this because the Information Commissioner is the appropriate organisation to consider complaints about data breaches.

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Final decision

12. We cannot investigate the PCN because Ms X appealed to the tribunal. We will not investigate the alleged data breach because Ms X can contact the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman