The Ombudsman's final decision
Summary: We will not investigate this complaint about penalty charge notices issued by the Council. This is because it would have been reasonable for Mrs X to appeal to London Tribunals.
The complaint
Mrs X complains the Council issued her penalty charge notices (PCNs) and refused to cancel them even after explaining her number plate has been cloned.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mrs X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. This is because it is essentially an appeal against liability for the PCNs and had Mrs X wished to challenge this it would have been reasonable for her to appeal.
Investigator's decision on behalf of the Ombudsman