Summary: We will not investigate this complaint about parking signs as the complainant had the right to seek expert clarification about the signs by appealing against a penalty charge notice issued to him to the independent parking adjudicators at London Tribunals.

The complaint

1. Mr X complained about road markings and signage which he says are unclear and because of this, he says he incurred a parking penalty charge notice (PCN). Mr X want the markings/signs to be changed as he says it is not clear where motorists can park.

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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.
3. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Parliament has provided an appeal mechanism by which Mr X could have challenged the PCN issued to him and obtained an expert opinion as to whether the sign in question is not clear. We are not another level of appeal and cannot say whether the PCN should have stood.
8. Mr X has asked the Council for clarification about parking in the area and what restrictions are imposed by the signs, and the Council has answered these queries. I do not consider therefore that there is any outstanding injustice caused to Mr X in this regard. As previously mentioned, the way to challenge any injustice from the PCN was via an appeal.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because he had the right to appeal to the independent tribunal against the PCN and there is insufficient remaining injustice caused to him currently in respect of the parking signs.

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Investigator's decision on behalf of the Ombudsman