The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice he received for an alleged moving traffic contravention. This is because Mr B put in an appeal to London Tribunals.
The complaint
Mr B complains about a Penalty Charge Notice he received for an alleged moving traffic contravention. Mr B says the restriction is not clearly signed and the road layout is unusual.
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 and London Tribunals’ decision on Mr B’s appeal against this PCN, which is available online.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B put in an appeal against this PCN to London Tribunals. The Tribunal refused Mr B’s appeal. The Tribunal decided the contravention occurred and the PCN was properly issued.
Because Mr B put in an 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 put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman