The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council issuing a moving traffic penalty. It was reasonable for Mr X to challenge the penalty notice by appealing to the London Tribunals which are an independent body dealing with traffic penalty appeals.
The complaint
Mr X says he received a penalty charge notice for a moving traffic offence but he does not believe the reasons apply to his vehicle. His representations were rejected and he says the penalty has now increased.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered the information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he received a penalty charge notice for entering a zone where his vehicle is not permitted. He challenged the notice because he says he drives a van and not a heavy goods vehicle. The Council sent a notice of rejection in response and the discounted period has ended so the penalty due is now higher.
The Council’s notice of rejection refers the owner to the appeals process and this is also detailed on the Council’s website relating to parking and traffic penalties. We will not investigate a complaint where there is a right to appeal the matter to an independent tribunal and it is reasonable to do so. The London Tribunals is the body which considers traffic penalty appeals.
Final decision
We will not investigate this complaint about the Council issuing a moving traffic penalty. It was reasonable for Mr X to challenge the penalty notice by appealing to the London Tribunals which are an independent body dealing with traffic penalty appeals.
Investigator's decision on behalf of the Ombudsman