Summary: We cannot investigate this complaint about the Council issuing the complainant with a penalty charge notice. This is because the complainant appealed the notice to the London Tribunals and we have no legal jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Mr Z) complains the Council wrongly issued him with a penalty charge notice (PCN) for a road traffic contravention in mid-2023. He also complains the Council failed to properly respond to him formal representations against the PCN due to it not showing evidence a contravention actually occurred.
2. In summary, Mr Z explains the Council is wrongly pursuing enforcement action against him by regarding the PCN as a debt. He says this action is unwarranted and is causing him mental distress and anxiety. As a desired outcome, Mr Z wants the Council to waive the PCN and stop its enforcement action.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. By law, we cannot investigate a complaint brought to us where someone has appealed to a tribunal about the same matter. Following Mr Z making formal representations against the PCN to the Council, he appealed this to London Tribunals. Though Mr Z appealed outside the normal time limits, this does not affect our legal jurisdiction to investigate. As such, we cannot investigate.

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Final decision

6. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman