The Ombudsman's final decision
Summary: We cannot investigate this complaint about penalty charge notice for a moving traffic contravention. The complainant has appealed to a tribunal.
The complaint
The complainant, who I refer to here as Mr Y, complained because the Council says he must pay a penalty charge for a moving traffic contravention. He says he cannot afford to do this.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has appealed to a tribunal; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr Y and the Council. I also considered our Assessment Code.
My assessment
The Council issued a penalty charge notice to Mr Y as it believed he owned a car driven where this was not allowed. The penalty charge was £130 although the Council could have accepted a discounted amount of £65 within 14 days.
Mr Y appealed unsuccessfully against the penalty charge notice to London Tribunals. He was ordered to pay £130 although the Council has said it will accept £65 if Mr Y pays promptly.
Final decision
We cannot investigate Mr Y’s complaint because he has appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman