The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice for a moving traffic offence. This is because the complainant appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mrs X, complains about a Penalty Charge Notice (PCN). She says she appealed to the Ombudsman and did not receive a reply.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 information provided by Mrs X and the Council. This includes the correspondence about the Penalty Charge Notice and the tribunal decision. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
The Council issued Mrs X with a PCN for making a prohibited right turn. The registered keeper of a car is liable for PCNs even if they were not driving when the contravention occurred.
Mrs X appealed to the tribunal. She said she was not the driver and the driver denied making a prohibited turn.
In December the tribunal dismissed the appeal. The tribunal adjudicator found that the contravention occurred. She directed Mrs X to pay £130 within 28 days.
Mrs X did not pay the fine. The Council issued a charge certificate which increased the fine to £195. The Council warned Mrs X it may register the debt in court if she does not pay. The fine is currently £195.
I cannot investigate this complaint because Mrs X appealed to the tribunal. The law says we cannot investigate any matter that has been appealed to the tribunal. The tribunal decided that Mrs X must pay the fine and we cannot intervene in that decision.
We do not make decisions about PCNs because that is the role of the tribunal. Mrs X has not previously complained to us about the PCN and we had not failed to respond.
Final decision
We cannot start an investigation because Mrs X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman