The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged moving traffic contravention. This is because Mr B put in an appeal to London Tribunals.
The complaint
Mr B complains the Council is pursuing payment of a Penalty Charge Notice (PCN) it issued to him for an alleged moving traffic contravention. Mr B says this traffic restriction is not clearly signed. Mr B complains the Council wrongly rejected his representations and referred to incorrect evidence. Mr B says the charge is now over £500 and is causing him considerable stress.
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 about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 information provided by Mr B. I have read London Tribunals’ decision, available online, on Mr B’s appeal against this PCN.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B considers the Council was wrong to issue this PCN. Mr B used his right of appeal to London Tribunals against this PCN. This is the process set out in law for a motorist to challenge a PCN. The tribunal is independent and has the power to cancel a PCN.
The tribunal decided the contravention occurred and the signage in this location is sufficient.
Because Mr B used his right of appeal against this PCN this means we cannot investigate his complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Mr B’s complaint because he appealed to London Tribunals.
Investigator's decision on behalf of the Ombudsman