The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to issue a Penalty Charge Notice. This is because Mr X has appealed to a tribunal.
The complaint
Mr X complains about the Council’s decision to issue him and others with Penalty Charge Notices.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council has unfairly issued Penalty Charge Notices to him and others and he wants the Ombudsman to decide whether they have been issued lawfully.
I will not investigate this complaint because Mr X has appealed to the Traffic Penalty Tribunal. The issues Mr X raises form the basis for his appeal and the law prevents us from investigating this matter further.
Final decision
We will not investigate Mr X’s complaint because he has used his right to appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman