The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the conduct of his appeal against a penalty charge notice. We cannot lawfully investigate where a person has used his right of appeal. This includes the conduct of the appeal, the adjudicators consideration of the evidence and the decision rejecting the appeal.
The complaint
Mr X complains the London Tribunals adjudicators who considered his appeal against Transport for London’s penalty charge notice (PCN) mishandled his appeals. Mr X says the adjudicators ignored evidence and attempted to lead him to admit the moving traffic offence. Mr X says the adjudicators failed to provide him with the rules and regulations governing the proceedings. Mr X says he lost his appeals and paid double the fine. Mr X wants the conduct of appeal hearings reformed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Mr X’s information and comments.
My assessment
I will not investigate this complaint for the following reason: The Ombudsman cannot lawfully investigate a complaint where a person has used a right of appeal to a tribunal (see paragraphs 2 and 3). The actions of the adjudicators who dealt with the appeal and review of the decision are outside the Ombudsman’s jurisdiction. Adjudicators act in a judicial not an administrative capacity.
Mr X complains about the conduct of the appeal and suggests there was a breach of due process. He says the adjudicator may have breached the regulations regarding the involvement of third parties. Adjudicator decisions can be challenged at court on a point of law.
Final decision
The Ombudsman cannot investigate Mr X’s complaint about the conduct of his appeal against a penalty charge notice. We cannot lawfully investigate where a person has used his right of appeal. This includes the conduct of the appeal, the adjudicators consideration of the evidence and the decision rejecting the appeal.
Investigator's decision on behalf of the Ombudsman