The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because Mr B appealed to London Tribunals.
The complaint
Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B says there are signs in this location which indicate to motorists they can park after 7pm. Mr B would like the Council to refund the £130 he paid to cancel this PCN plus compensation for his time pursuing the matter. Mr B would also like the Council to take disciplinary action against the officers involved.
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 B and London Tribunals’ decision on Mr B’s appeal against this PCN which is available online.
I considered the Ombudsman’s Assessment Code.
My assessment
We generally expect a motorist to challenge a PCN by making representations to the local authority and if needed, putting in an appeal to London Tribunals (for PCNs issued in London).
The tribunal is independent and in the best position to decide whether a PCN was properly issued. The tribunal has the power to cancel a PCN.
If this right of appeal has been used we have no discretion to investigate a complaint about a PCN.
Mr B put in an appeal to London Tribunals against this PCN. The tribunal considered the issue Mr B complains about and was satisfied that a contravention occurred and the signage was adequate. The tribunal refused Mr B’s appeal.
Because Mr B put in an appeal to London Tribunals this means we do not have the power to investigate his complaint about this PCN.
Final decision
We cannot investigate Mr B’s complaint because he put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman