The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X receiving a Penalty Charge Notice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Miss X could have used her legal right to appeal to London Tribunals and it was reasonable to expect her to do this.
The complaint
Miss X complains about the Council’s delay in resolving her complaint about receiving a Penalty Charge Notice (PCN). She says she had contact from a bailiff and it took further efforts from her to contact the Council which then cancelled all action taken against her.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.
Final decision
Parliament has laid down a detailed process under which complainants may challenge receiving PCNs. So, we will not investigate Miss X’s complaint because it was reasonable to expect her to have used her legal right to appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman