The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice for a parking contravention. This is because it was reasonable for Mr B to put in an appeal to London Tribunals.
The complaint
Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B says the parking restrictions in this location are not clearly signed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act 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 information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a process set out in law for a motorist to formally challenge a PCN. This involves the motorist putting in formal representations to the local authority, and if needed, putting in an appeal to London Tribunals (for authorities in London). We generally expect this process to be used. The tribunal is independent and has the power to cancel a PCN.
I find it was reasonable for Mr B to use this process. So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman