The complaint
Mr G says the Council failed to properly consider the representations he made on a Penalty Charge Notice (PCN) it issued for a car registered to him.
Mr G says he has now lodged an appeal at the Traffic Penalty Tribunal (TPT). However, he would like an apology and some compensation for the way the Council dealt with his appeal.
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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by Mr G and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr G has already used his right of appeal to the TPT, so we cannot investigate the issue of the PCN or any enforcement action.
We cannot separate the way the Council dealt with Mr G’s representations from the substantive issue which is being dealt with by the TPT. Even if we could, however, Mr G has provided information to show the Council considered his formal representations after it issued a Notice to Owner, as the law requires.
The Council may not have considered Mr G’s informal representations after receiving the PCN, but we could not say that is fault. Nor could we say it has caused Mr G significant extra injustice; it is likely the Council would have rejected his informal representations just as it rejected his formal ones later, so the result would have been no different.
Final decision
We will not investigate Mr G’s complaint because Mr G has lodged an appeal against the Penalty Charge Notice at the Traffic Penalty tribunal. We cannot separate the way the Council dealt with the complainant’s contact with it from the substantive matter or say it has caused him significant extra injustice.
Investigator's decision on behalf of the Ombudsman