The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal.
The complaint
The complainant, Ms X, complains about a Penalty Charge Notice (PCN). She says she should not be expected to pay the full amount.
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) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the tribunal decisions. I also considered our Assessment Code.
My assessment
The Council issued a PCN to Ms X. Ms X appealed to the tribunal. The tribunal cancelled the PCN and upheld her appeal.
The Council asked the tribunal to review the case. The tribunal did a review and reversed its decision. The tribunal told Ms X she had lost her appeal and must pay £70.
The Council allowed Ms X to pay the fine at the discounted rate of £35. Ms X paid £35 and the Council closed the case.
The law says we cannot investigate any matter that has been appealed to the tribunal. Ms X appealed to the tribunal so we have no power to start an investigation. This restriction applies even though the tribunal revised its decision and Ms X lost the appeal. There is no part of the complaint we can investigate.
Final decision
We cannot investigate this complaint because Ms X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman