The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. Mr X has used his right of appeal and we have no power to change the decision made by London Tribunals.
The complaint
Mr X complained the Council wrongly issued him a Penalty Charge Notice (PCN). He says he unsuccessfully appealed despite having sufficient evidence he was not responsible for the contravention. He says the Council has instructed enforcement agents and the matter has exacerbated his stress and worsened his health conditions. He wants it to review his evidence, cease enforcement action and cancel the PCN.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he purchased a vehicle, then received a PCN for a contravention that had been committed by the previous owner. London Tribunals refused Mr X’s appeal. We do not have the power to change the tribunal’s decision. We cannot investigate a complaint where someone has used their right of appeal, even where this was unsuccessful. We cannot investigate Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman