Source · LGO (Local Government & Social Care Ombudsman)

Essex County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-002-000 Sector Transport And Highways Category Parking And Other Penalties Decided 19 May 2022

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate Mr X’s complaint about a penalty charge notice as he appealed against it to the Traffic Penalty Tribunal and the matter is therefore no longer in our remit. We cannot investigate Mr X’s complaint about the Tribunal as it is not a body in our jurisdiction.

The complaint

Mr X complains about a penalty charge notice (PCN) and appealed against it to the Traffic Penalty Tribunal (TPT). Mr X complains about the way the TPT handled the arrangements for the appeal, in that it did not take account of his medical problems in so doing.

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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Traffic Penalty Tribunal that are not in our jurisdiction (Local Government Act 1974, sections 25 and 34A, as amended)

How I considered this complaint

I considered information provided by the complainant.

I considered the Ombudsman’s Assessment Code.

My assessment

As Mr X appealed against the PCN, to the TPT, we cannot now investigate, as per paragraph two.

We have no remit to investigate the actions of the TPT, as it is not a body in our jurisdiction. We cannot therefore investigate Mr X’s complaint about how the TPT dealt with the arrangements for his appeal.

Final decision

We cannot investigate Mr X’s complaints because they are not within our legal remit.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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