The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about Penalty Charge Notices he received. This is because he could have followed the statutory process and appealed to the tribunal.
The complaint
Mr X complains that he received three Penalty Charge Notices (PCNs) for driving on a road with a weight restriction. He believes the signage was too small and inadequate.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X received three PCNs for driving on a road with a weight restriction. He wants the Council to cancel the PCNs, saying that the signage was inadequate.
After receiving the PCNs, Mr X contacted the Council to complain. The Council informed him of the process for challenging the notices, including how to make a formal representation If the Council rejected his representation, Mr X could then appeal to London Tribunals.
Mr X has not submitted a representation or appeal. We would expect him to use this statutory route to challenge the PCNs.
I cannot investigate this complaint further because, where a right of appeal to a tribunal or court exists, we would normally expect it to be used.
Final decision
We cannot investigate Mr X’s complaint because Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman