Summary: We will not investigate this complaint about parking penalty charge notices as it is reasonable to expect the complainant to use his right of appeal to the independent tribunal.

The complaint

1. Mr X complains the Council has wrongly issued him with several parking penalty charge notices (PCNs). Mr X says he does not know where he can park anymore and that he has lost faith in the Council.

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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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. Parliament has provided an appeal process that Mr X can use to challenge the PCNs, ultimately to independent parking adjudicators at London Tribunals. We are not another level of appeal and cannot rule on the validity of the PCNs. As such, it is reasonable to expect Mr X to use this appeal right, and we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because he can appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman