The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice. This is because it is reasonable for Mr B to put in an appeal to London Tribunals.
The complaint
Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for stopping on a red route. Mr B says as a licensed taxi driver he is allowed to pick up and drop off passengers on a red route. Mr B would like the Council to cancel this PCN.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mr B’s representations but has not cancelled this PCN. The Council says the PCN was correctly issued. As advised by the Council, Mr B may now either pay the PCN or put in an appeal to London Tribunals.
This is the process set out in law to challenge a PCN and we generally expect it to be used.
I find it is reasonable for Mr B to challenge this PCN by putting in an appeal to London Tribunals. Mr B may rely on the statutory ground of appeal that a contravention did not take place.
The Tribunal is independent and in the best position to decide whether a PCN was properly issued. Also, the process is free and relatively straightforward to use.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman