The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as it is reasonable to expect Mr X to appeal against it to the independent parking tribunal.
The complaint
Mr X complains he incurred a penalty charge notice (PCN) for a parking contravention due to the signage at the location being inadequate. Mr X wants the PCN to be cancelled.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body and cannot cancel this PCN.
Parliament has provided a statutory appeal process for motorists to challenge PCNs. It is reasonable to expect Mr X to follow this process, which culminates in an appeal to London Tribunals, the body which can cancel the PCN. As such, as per paragraph two, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN to London Tribunals.
Investigator's decision on behalf of the Ombudsman