The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council issuing a penalty charge notice when he was parked near his garage. We cannot lawfully investigate because Mr X used his right of appeal to the London Tribunals adjudicator.
The complaint
Mr X complains the Council issued a penalty charge notice (PCN) when he was parked behind his garage, that it failed to apply a grace period, and the signage or road markings were not clear. Mr X says the Council caused stress, financial loss, and he took a day off to attend the tribunal hearing on his appeal against the PCN. Mr X says the Council should cancel the PCN and provide residents with better information on the impact of zone permits.
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. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Mr X’s information and comments. The information includes the London Tribunals decision, dated 10 April 2022, rejecting his request to review the adjudicator’s decision rejecting Mr X’s appeal.
My assessment
I cannot investigate Mr X’s complaint for the following reasons: The Ombudsman cannot investigate where a complainant has used a right of appeal (see paragraph 2 and 3 above). Mr X appealed to the parking adjudicator.
There is no separate injustice that the Ombudsman can investigate and we cannot achieve what Mr X wants. The adjudicator found the parking contravention occurred; there was cogent evidence including the observations of the applicant’s vehicle; the signage was clear and adequate.
Final decision
The Ombudsman cannot investigate Mr X’s complaint about the Council issuing a penalty charge notice when he was parked near his garage. We cannot lawfully investigate because Mr X used his right of appeal to the London Tribunals adjudicator.
Investigator's decision on behalf of the Ombudsman