The Ombudsman's final decision
Summary: We will not investigate this complaint about penalty charge notice. This is because Mr X has appealed so we cannot consider it.
The complaint
Mr X complains the Council failed to properly assess his representation against a PCN it issued. He says it referred to the wrong type of vehicle. This caused him stress and a higher fine. He wants the Council to properly consider his appeal.
The Ombudsman’s role and powers
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).
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 Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr X as it said his vehicle was seen in a street which prohibited HGVs at certain times.
Mr X made formal representations against the PCN. He said his vehicle was not an HGV. The Council rejected Mr X’s appeal and gave details how to appeal.
Mr X complained to the Council he had now appealed but it was unfair to increase the charge to £250. The Council replied that the correct procedure was to appeal via the statutory appeals process.
M X has used his right of appeal and as I have set out in paragraph 2 we cannot investigate Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint because he has used his right of appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman