The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about parking signs on the road outside his flat. This is because the signs do not cause him significant injustice.
The complaint
The complainant, Mr X, complains that signs on the road outside his flat are inadequate to warn of parking restrictions which apply on event days. The Council issued his guest a penalty charge notice (PCN) in August 2022 for parking without a valid permit and the Council has refused to deal with his complaint about the matter. Mr X says his friends and family are now scared to visit him and he is worried he will become isolated.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
I acknowledge Mr X is complaining about the signs rather than the PCN issued to his guest but the signs themselves have caused him no injustice. They have been in-place for at least three years and Mr X confirms neither him nor his guests have had any issues with them or received any PCNs over this period. The issue only affects Mr X now as a result of the PCN issued to his guest in August 2022.
The substantive issue concerns whether the signs were adequate to warn Mr X’s guest about the parking restrictions which were in force on the day and this is a matter for motorist to raise as part of the appeals process. It does not directly affect Mr X.
There is also no need for the fear which the issue of the PCN has apparently caused. Although the Council has issued one PCN there is no guarantee it will issue anymore. Mr X says he has lived in his current flat for 13 years and has never had any problems with PCNs during this time. If the Council does issue any further PCNs these will carry a right of appeal to London Tribunals and the owner/registered keeper will be able to present their case to an Adjudicator to consider. If the Adjudicator finds the signs are not adequate to warn of the restrictions the Council may decide to change them.
Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
Final decision
We will not investigate this complaint. This is because the Council’s signs have not caused Mr X significant injustice. Whether the signs are sufficient to warn of the parking restrictions is a matter for London Tribunals to consider as part of an appeal by the owner/registered keeper of the vehicle.
Investigator's decision on behalf of the Ombudsman