The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice. This is because it would have been reasonable for Mr X to use his right of appeal to London Tribunals.
The complaint
Mr X complains about a penalty charge notice (PCN) issued by Transport for London (TfL). He says signs showing parking restrictions which applied to the area he parked in say the restrictions apply from 7am to 7pm, but TfL issued the PCN at 10:15pm.
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 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 information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. This is because the PCN carried a right of appeal, firstly to TfL and then to London Tribunals, and I have seen nothing to show it would have been unreasonable for Mr X to use the appeals process to challenge the PCN.
Investigator's decision on behalf of the Ombudsman