The Ombudsman's final decision
Summary: We will not investigate this complaint about a moving traffic penalty charge notice as it is reasonable to expect Mr X to appeal against it to London Tribunals.
The complaint
Mr X complains about a penalty charge notice (PCN) the Council issued to him for driving in an area for pedestrians/cyclists. Mr X says he had followed his satnav and that there were no warning signs at the location. Mr X wants the Council to cancel the PCN.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal mechanism whereby motorists can challenge PCNs. Once Mr X has exhausted the challenge process with the Council, it will be open to him to make an appeal to an independent adjudicator at the independent tribunal, London Tribunals (LT). We are not an alternative appeal and are not empowered to make the decisions LT can. It is reasonable therefore to expect Mr X to use the appeal right provided in law, and as per paragraph three, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN to LT.
Investigator's decision on behalf of the Ombudsman