The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice for a moving traffic offence. This is because the complainant can appeal to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) he received for entering a road which was prohibited to cars. Mr X says the signs are unclear and the Council did not respond quickly enough to allow him to appeal to the tribunal.
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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes Mr X’s appeal to the Council and the Council’s response inviting him to appeal to the tribunal. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The Council issued a PCN for entering a road which was prohibited to cars. Mr X challenged the fine and said that at the time of the alleged offence someone else was driving the car without his consent.
The Council rejected his challenge on 8 February. It said Mr X had not provided proof that the car had been stolen (for example, a crime reference) and if the car had been borrowed then Mr X remained liable as the owner of the car. The Council told Mr X he could pay the fine or he had 28 days to appeal to the tribunal. The Council has not received notification that Mr X has appealed to the tribunal.
In his complaint to us Mr X says the road used to be unrestricted and the signs are unclear and there are no advance warnings. He also says the signs are too high and not in the driver’s view while driving. He says many people have received fines at this location and signatures are being gathered for a petition against the restriction.
I will not investigate this complaint because Mr X can appeal to the tribunal if he does not think the restriction is properly signed. Or, he could appeal if he has evidence someone had stolen the car. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider appeals about PCNs. The tribunal is free to use and Mr X is within the 28 day period in which he can lodge an appeal. It is for the tribunal, not us, to decide whether the signs are unclear and it is not our role to decide where a council should impose traffic restrictions. If Mr X does not think there should be restrictions at this location then that is a matter he would need to pursue with the Council or through his local councillors.
Final decision
We will not investigate this complaint because Mr X can appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman