The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s issue of a penalty charge notice. This is because Mr X has used his right of appeal to the Traffic Penalty Tribunal.
The complaint
The complainant, Mr X, complains the Council issued him a penalty charge notice (PCN) for parking in a loading bay.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(a), as amended) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because Mr X has appealed against the PCN to the Traffic Penalty Tribunal. Any complaint about the issue of the PCN or the Council’s handling of the matter therefore falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman