The Ombudsman's final decision
Summary: We will not investigate this complaint about a moving traffic penalty charge notice as it is reasonable to expect the complainant to have followed the statutory appeal process available to her to challenge it.
The complaint
Miss X complains the Council wrongly issued her with a penalty charge notice (PCN) for driving through a restricted area. Miss X says she is a registered carer and that according to the Council’s policy, she is allowed to drive through such arears. Miss X says she has been caused stress and financial worry.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The law under which the PCN was issued, the Traffic Management Act 2004, provides an appeal process whereby Miss X could have challenged the PCN, ultimately to independent adjudicators at London Tribunals. We are not another level of appeal and do not have the same powers as the Tribunal to adjudicate on PCNs. It is reasonable therefore to expect Miss X to have used her appeal right and as per paragraph three, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to have used her tribunal appeal right to challenge the PCN.
Investigator's decision on behalf of the Ombudsman