The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice as the complainant, X, appealed against it to a tribunal. The matter is therefore no longer within our legal remit.
The complaint
X complains the Council passed an unpaid penalty charge notice (PCN) to its enforcement agents and about the increased cost due to this. X disagrees with this decision and wants to be able to pay a reduced amount. X is caused stress and sleepless nights due to the increased charge.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
X appealed against the PCN to London Tribunals but the tribunal adjudicator rejected the appeal and ordered X to pay the full amount PCN. X did not pay the PCN and the debt is now with the Council’s enforcement agents.
As an appeal was made, as per paragraph two, we cannot investigate, and we have no remit to challenge the Tribunal’s decision. As X did not pay the PCN, the Council continued to enforce it, as it is entitled to do legally.
Final decision
We will not investigate X’s complaint because the PCN is no longer within our remit since the tribunal appeal and the Council is legally entitled to enforce the PCN since X has not paid it.
Investigator's decision on behalf of the Ombudsman