Summary: The Ombudsman cannot investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He says it has caused him anxiety and depression.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I reviewed Mr X’s complaint and assessed it in accordance with the provisions of the Local Government Act 1974.

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What I found

6. The Council issued Mr X a PCN for a parking contravention in 2020.
7. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to London Tribunals.
9. Mr X informally challenged the PCN but the Council rejected his challenge. It issued him a notice to owner which set out the possibility of further escalation and costs if he did not pay or appeal and Mr X made representations in line with the process set out above. The Council declined to cancel the PCN so Mr X appealed to London Tribunals. London Tribunals allowed Mr X’s appeal and ordered the Council to cancel the PCN. But Mr X is unhappy with the Council’s handling of the matter and wants it to pay him compensation.
10. Because Mr X has appealed to London Tribunals the Ombudsman has no jurisdiction to investigate his complaint. The injustice he claims is the result of the PCN issued by the Council and Mr X’s appeal removes any discretion we had to consider this further.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because Mr X has appealed to London Tribunals.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman