The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice for allegedly stopping on a restricted bus stop. This is because the complainant has already appealed to the London Tribunals.
The complaint
Mr X complains about a penalty charge notice (PCN) issued by the Council for allegedly stopping on a restricted bus stop. He says he told the Council that he has never owned the relevant vehicle. Mr X complains the Council continued to take enforcement action despite this, which he considers harassment.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint because he has appealed to the London Tribunals. We therefore have no power to investigate his complaint regardless of whether his appeal was successful or not.
Final decision
We cannot investigate this complaint about a penalty charge notice for allegedly stopping on a restricted bus stop. This is because the complainant has already appealed to the London Tribunals.
Investigator's decision on behalf of the Ombudsman