The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention. The complainant had a right of appeal to a tribunal.
The complaint
The complainant, who I refer to here as Mr B, says the Council was wrong to issue a penalty charge notice for a parking contravention. He says the signs indicting the parking restriction were 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. It says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr B and our Assessment Code.
My assessment
The Council enforces parking restrictions using procedures set out in the Traffic Management Act 2004 and associated Regulations.
The Council and motorists must follow these procedures.
Mr B had a right of appeal against the penalty charge notice to London Tribunals which is a statutory tribunal. An appeal is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 generally applies.
Final decision
We will not investigate Mr B’s complaint because he had a right of appeal against the penalty charge notice. I have seen no good reason he should not have appealed if he wished to challenge it.
Investigator's decision on behalf of the Ombudsman