The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Mrs Y has already appealed to the tribunal.
The complaint
Mrs Y complains the Authority wrongly issued her with a Penalty Charge Notice (PCN) for entering a congestion charge zone when she says she was following a police diversion. She says the Authority is now unable to provide her with enough details so she can get evidence from the police about the diversion.
Mrs Y feels it is unfair that the Authority has issued her with the PCN and she has been inconvenienced at having to chase the Authority for further information so she can gather evidence to support her appeal.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered the information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y entered the Authority’s congestion zone in August 2021 while following a police diversion. The Authority issued a PCN to Mrs Y in October 2021.
Mrs Y contacted the police force for the area to gather evidence of a police diversion to add to her appeal documents. The police were unable to provide her with evidence of the diversion as Mrs Y could not provide precise details of where she entered the congestion zone.
Mrs Y asked the Authority for further details about where she entered the congestion zone but Mrs Y says the authority could only provide her with a road name. Mrs Y was unable to provide evidence that she was following a police diversion, so the Authority rejected her appeal. Mrs Y approached us in December.
During our enquiries, Mrs Y explained she has now appealed to the London Tribunals about the PCN and is waiting for a decision. As Mrs Y has used her right to appeal to the London Tribunals we cannot investigate her complaint.
Final decision
We cannot investigate Mrs Y’s complaint because she has appealed the matter to the London Tribunals.
Investigator's decision on behalf of the Ombudsman