The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice. Mr X appealed against it to London Tribunals and so the matter is no longer within our remit.
The complaint
Mr X complains about a penalty charge notice (PCN) the Council issued to him. Mr X seeks redress for the time and trouble he was put to in challenging the PCN. Mr X also wants the Council to refund other motorists who received similar PCNs and to remove ambiguous parking restriction signs across the Borough.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal. (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
Mr X was issued with a PCN for parking without a permit. Mr X successfully appealed against the PCN to London Tribunals as the adjudicator concluded that the legend on the sign at the location where Mr X parked, did not accurately implement a parking regime invoked by the Traffic Management Order in place.
Mr X seeks redress for the stress and time and trouble he has experienced in dealing with the PCN As per paragraph two, as Mr X used his right of appeal against the PCN, we now have no legal remit to investigate. Mr X had the right to make a costs application to the Tribunal to cover his expenses.
Mr X considers the Council has deliberately installed ambiguous parking signs across the Borough to generate revenue. Mr X wants the Council to remove such signs and to refund other motorists who have incurred PCNs at those locations.
There is no indication that Mr X has complained to the Council about this. Before we will consider a complaint, we must allow the Council the chance to respond. Mr X therefore needs to first raise this with the Council.
For these reasons, we will not investigate.
Final decision
We cannot investigate Mr X’s complaint arising from a PCN as it is no longer within our remit to do so since Mr X’s appeal. Mr X’s broader complaint needs to be put to the Council in the first instance.
Investigator's decision on behalf of the Ombudsman