The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice which Mr X says the Council unlawfully issued. Mr X appealed the penalty charge notice to London Tribunals and as such, we no longer have any remit to investigate.
The complaint
Mr X complains the Council unlawfully issued a penalty charge notice (PCN) when he drove an emergency services vehicle in a bus lane. Mr X successfully appealed the PCN to London Tribunals (the Tribunal) but seeks a financial payment from the Council in recognition of the time he has spent dealing with this matter.
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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
As Mr X appealed against the PCN to the Tribunal, we cannot investigate this complaint, as per paragraph two.
It was open to Mr X to ask the Tribunal to consider making a costs award to him as it is able to do this.
Final decision
Mr X’s complaint is no longer within our legal remit since he appealed the matter to London Tribunals. We cannot therefore investigate.
Investigator's decision on behalf of the Ombudsman