The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council unfairly issued him with six Penalty Charge Notices. Mr X used his right of appeal to a tribunal, so we have no power to do so.
The complaint
Mr X complains the Council gave him incorrect information regarding the validity of his parking permit, which led to him unfairly receiving six Penalty Charge Notices (PCNs). He says this has caused distress and financial loss. He wants the Council to cancel the PCNs.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate this complaint as Mr X appealed to London Tribunals about the PCNs.
London Tribunals decided it could not register the appeal, but this does not mean we can now investigate.
Final decision
We cannot investigate Mr X’s complaint because he has used his right of appeal to a tribunal and so we have no power to do so.
Investigator's decision on behalf of the Ombudsman