The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Authority’s decision to issue a Penalty Charge Notice. This is because it is reasonable to expect Mr X to appeal to a tribunal
The complaint
Mr X complains the Authority wrongly issued a Penalty Charge Notice (PCN).
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. This is because it is reasonable to expect Mr X to appeal to the London Tribunals if he disagrees with the Authority’s decision to issue a PCN. It is the appropriate body to consider this matter.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman