The Ombudsman's final decision
Summary: We cannot investigate this complaint alleging the Council was wrong to issue a penalty charge notice. This is because the complainant has paid off the charge so there is nothing more to be achieved.
The complaint
In summary Mr X complains about the way the Council has dealt with his concerns about receiving a Penalty Charge Notice (PCN) for traveling in a bus lane.
Mr X has paid off the fine and says he was unfairly penalised through no fault of his own.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
London Tribunals considers parking and moving traffic offence appeals for London.
We provide a free service but must use public money carefully. We do not start an investigation if we decide we could not add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr X provided and the Ombudsman’s Assessment Code.
My assessment
Parliament has laid down a detailed process allowing individuals the right to challenge parking tickets from the Council.
The Council says Mr X has paid the fine which effectively means Mr X accepts the contravention occurred.
We cannot investigate as we cannot achieve anything. There is no facility under the parking enforcement process to pay and continue to make representations.
As Mr X paid the penalty charge, this has ended the parking appeals process. If he had not paid he could have submitted an appeal to London Tribunals.
Final decision
We will not investigate Mr X’s complaint because Mr X has paid and we cannot achieve anything more.
Investigator's decision on behalf of the Ombudsman