The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council has refused to cancel a penalty charge notice issued for parking on the pavement. We cannot lawfully investigate because Mr X used his right of appeal to a tribunal.
The complaint
Mr X complains the Council has fettered its discretion in refusing to cancel a penalty charge notice (PCN) issued because he was repairing his vehicle on the pavement. Mr X says the Council asked him to provide proof of the repair but he cannot do so because he did it himself. He says the London Tribunals adjudicator and Council at his appeal accepted he was telling the truth. The adjudicator said the tribunal could not consider his argument the Council was fettering its discretion. Mr X wants the Council to apologise and cancel the PCN.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council. The information includes the Council’s rejection of Mr X’s representations against the PCN and the complaint correspondence.
My assessment
I cannot lawfully investigate Mr X’s complaint because he has used his right of appeal to a tribunal against the PCN (paragraph 2 and 3). This includes his argument the Council has fettered its discretion.
Final decision
The Ombudsman cannot investigate Mr X’s complaint the Council has refused to cancel a penalty charge notice issued for parking on the pavement. We cannot lawfully investigate because Mr X has used his right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman