The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about Penalty Charge Notices. Miss X has appealed to Traffic Penalty Tribunal, which places the matter outside our remit.
The complaint
Miss X complains the Council failed to consider her disability and misrepresented circumstances to the Traffic Penalty Tribunal (TPT) regarding two Penalty Charge Notices (PCN). She wants the Council to reimburse the PCN charges and associated costs.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Traffic Penalty Tribunal (TPT) has already considered and dismissed Miss X’s appeal against one of the PCNs. At the time of her complaint to us, the TPT was in the process of considering her appeal against the other PCN.
Miss X’s appeals mean we no longer have a legal remit to consider her complaint, even if the appeal process cannot provide a complete remedy for the injustice claimed. Because of this, we cannot investigate.
Final decision
We cannot investigate Miss X’s complaint because her appeals to a tribunal places the matter outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman