The Ombudsman's final decision
Summary: We cannot investigate this complaint about penalty charge notices for moving traffic contraventions. The complainant has appealed against the penalty charge notices to a tribunal.
The complaint
The complainant, who I refer to here as Mr B, has complained about two penalty charge notices issued to him by the Council.
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 if 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 the Mr B. I have also seen the public register of appeals kept by London Tribunals which hears appeals against penalty charge notices in London.
I considered our Assessment Code.
Final decision
We cannot investigate Mr B’s complaint because he has appealed against both penalty charge notices to London Tribunals. The restriction I describe in paragraph 2 applies.
Investigator's decision on behalf of the Ombudsman