Summary: We cannot investigate Mr X’s complaint about the Council’s actions in relation to two penalty charge notices. This is because the injustice he claims stems from the issue of the penalty charge notices and the time and effort he went to, to challenge them and Mr X has used his right of appeal to the Traffic Penalty Tribunal.

The complaint

1. The complainant, Mr X, complains the Council failed to follow the General Data Protection Regulation (GDPR), failed to public amendments to a Traffic Regulation Order and discriminated against him by issuing him two penalty charge notices (PCNs) but not issuing PCNs to other vehicles. He says he spent time and effort disputing the PCNs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’.
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Traffic Penalty Tribunal (the Tribunal) considers parking and moving traffic offence appeals for all areas of England outside London.
6. 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

7. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

8. The injustice Mr X claims stems from the Council’s issue of the PCNs and this is not something we can investigate because Mr X has used his right of appeal. Had Mr X felt he was entitled to costs for his time and effort in pursuing an appeal he could have made an application to the Tribunal. The fact the Council did not issue PCNs to other vehicles is not a matter which affects Mr X and we would not therefore consider this separately.
9. We will also not investigate Mr X’s claim that the Council breached the GDPR. This is a matter for the Information Commissioner and it did not in any event cause Mr X significant injustice.

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Final decision

10. We cannot investigate this complaint. This is because the injustice Mr X claims stems from the issue of the PCNs and his appeal against them. Mr X has appealed to London Tribunals and we cannot therefore provide a remedy for these issues. If Mr X believes the Council breached the GDPR it would be reasonable for him to complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman