The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because we cannot investigate a complaint if someone has appealed to a tribunal, as Ms Y has done.
The complaint
Ms Y complains the Authority has refused her appeal for a Penalty Charge Notice (PCN) and now increased the charges to £250.
Ms Y says she cannot afford to pay the full amount and is worried about how she will manage financially.
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)
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Ms Y in October 2021 for driving in the congestion zone without making payment. Ms Y appealed the PCN to both the Authority and the London Tribunals but this was refused. Ms Y did not then pay the penalty and the amount has now increased to £250. Ms Y approached us in April 2022.
The law says we cannot investigate a complaint if someone has appealed to a tribunal. In this case, Ms Y has confirmed to us that she has appealed to the London Tribunals but her appeal has been unsuccessful. As she has appealed to the Tribunal, we cannot investigate.
Final decision
We cannot investigate Ms Y’s complaint because we cannot investigate a complaint if someone has appealed to a tribunal, as Ms Y has done.
Investigator's decision on behalf of the Ombudsman