The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to cancel a Penalty Charge Notice. This is because it is reasonable for him to appeal to a tribunal.
The complaint
Mr X complains about the Council’s decision to issue a Penalty Charge Notice (PCN) for parking without a valid permit. Mr X says he was unaware his permit had expired when it should not have.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Evidence shows the Council considered Mr X’s informal challenge and found no reason to cancel the PCN. I will not investigate Mr X’s complaint because it is reasonable to expect Mr X to take the matter to the London Tribunals for its consideration. It is the appropriate body to review such matters.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman