The Ombudsman's final decision
Summary: We cannot investigate this complaint about two Penalty Charge Notices because the complainant appealed to the tribunal.
The complaint
The complainant, Mr X, complains the Council asked him to pay £410 for two Penalty Charge Notices (PCNs) for moving traffic offences that occurred only seconds apart. He says it was impossible to avoid the second contravention. Mr X wants an apology, refund and to pay a single fine of £65.
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 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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes information about the two fines and the tribunal decisions. I also considered our Assessment Code.
My assessment
The Council issued two PCNs for moving traffic offences. The fines were £130 each but with a 50% discount for prompt payment. Mr X paid £130 (£65 for each PCN).
Mr X appealed to the tribunal. The tribunal dismissed his appeal and directed him to pay another £65 for each fine.
Mr X did not pay so the Council issued a Charge Certificate which increased each fine by 50%.
Mr X made payments for both PCNs but he paid more than he was liable for. The Council issued a refund to cover the excess that Mr X had paid.
Mr X continues to dispute he is liable for two fines. As a compromise, he says he is willing to pay one fine for £65.
I cannot investigate this complaint because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. This restriction applies even if the person disagrees with the outcome of the appeal. The tribunal dismissed both appeals and directed that Mr X must pay the full amount for each PCN. As the tribunal has considered appeals for both PCNs we cannot ask the Council to cancel one fine and reduce the other. Further, because Mr X did not pay the outstanding amount as directed by the tribunal, the law allowed the Council to issue a Charge Certificate and increase each fine.
Final decision
We cannot investigate this complaint because Mr X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman