The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council had not provided signs to warn of a restriction on motor vehicles driving in a pedestrian zone. Mrs X has a right of appeal to the London Tribunal, and it would be reasonable for her to use this.
The complaint
The complainant, Mrs X, complained there were no signs warning of a traffic restriction in a pedestrian area. Mrs X received several penalty charge notices (PCNs) and complained the Council will not remove the charges.
The Ombudsman’s role and powers
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says she was given ten PCNs by the Council for driving in a pedestrian area after she drove her car on a street in the London Borough of Merton. She complained to the Council there were no signs warning motorists this was a pedestrian area.
The Council explained there was no requirement for signs on the relevant street.
Mrs X has the right to appeal to the London Tribunal on the grounds that the contravention did not occur, as this includes complaints that signs were defective in some way.
It would be reasonable for Mrs X to use her right of appeal to the tribunal.
Final decision
We will not investigate Mrs X’s complaint because London Tribunals considers parking and moving traffic offence appeals for London, and it is reasonable for Mrs X to use her right of appeal.
Investigator's decision on behalf of the Ombudsman