The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of Miss X’s traffic penalty appeal. There was no fault in the way the penalty was processed and Miss X has exercised her right of appeal to the independent parking Adjudicator at the London Tribunals.
The complaint
Miss X complained about the Council’s handling of her representations in response to a traffic penalty. She says the correspondence was confusing and she was unsure how to appeal.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
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
Miss X received a moving traffic penalty after cameras recorded her driving within a restricted zone. She made representations in April to the Council which is an opportunity to explain her reasons for the traffic offence. The Council rejected her representation in May and issued a formal Notice of Rejection.
The Notice gave her the option of paying a discounted amount with 14 days, or the full £130 within 28 days. The Letter made it clear that she should pay the penalty within the timescales or appeal to the Independent Adjudicator at the London Tribunals. Miss X paid the discounted amount of £65 but also submitted an appeal.
The Council issue a receipt two days after the payment and advised Miss X that the case was closed. However, it then was informed that she had submitted an appeal and so was required to submit its own evidence statement to the Adjudicator.
We cannot investigate complaints where the complainant has exercised their right of appeal to an independent tribunal. It will be for the Adjudicator to decide whether to accept the appeal and whether it will be upheld or rejected on the evidence.
Final decision
We will not investigate this complaint about the Council’s consideration of Miss X’s traffic penalty appeal. There was no fault in the way the penalty was processed and Miss X has exercised her right of appeal to the Independent Parking Adjudicator at the London Tribunals.
Investigator's decision on behalf of the Ombudsman