The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice for a moving traffic contravention. The complainant has appealed against the penalty charge notice to London Tribunals.
The complaint
The complainant, who I refer to here as Mr C, has complained about issues arising from a penalty charge notice for a moving traffic contravention.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot 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 C and the Council.
Final decision
We cannot investigate Mr C’s complaint because he has appealed against the penalty charge notice to London Tribunals. The restriction I describe in paragraph 2 applies.
Investigator's decision on behalf of the Ombudsman