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

1. 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.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr B and our Assessment Code.

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My assessment

4. 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.
5. 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.

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Final decision

6. 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.

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Investigator's decision on behalf of the Ombudsman