The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a penalty charge notice he disputes liability for. This is because it would have been reasonable for Mr X to appeal to London Tribunals.
The complaint
The complainant, Mr X, complains the Council issued him a penalty charge notice (PCN) for a contravention which took place after his car had been sold. He also complains the Council refused to cancel the PCN and has asked for information he cannot provide due to the General Data Protection Regulation.
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 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X says his car was written off following an accident and sold at auction without his knowledge. However the Council then issued him a PCN for a moving traffic contravention which he says he is not liable for. He made representations against the PCN but the Council refused them.
If Mr X wished to challenge the PCN further it would have been reasonable for him to appeal to London Tribunals. We are not an appeal body and have no direct powers to cancel the PCN. The Council’s ‘notice of rejection’ set out the process for Mr X to follow if he wished to appeal and the appeals process is free and relatively easy to use. I have seen no good reasons why Mr X could not have used his right of appeal and I have therefore decided not to exercise my discretion to investigate the complaint.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman