Summary: We will not investigate this complaint about a Penalty Charge Notice as it would be reasonable for Mr B to use his right of appeal to London Tribunals.

The complaint

1. Mr B complains about a Penalty Charge Notice (PCN) for stopping where prohibited (on a red route or clearway) issued by Transport for London (TfL).

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The Ombudsman’s role and powers

2. restrictions on what we can investigate.
3. The law 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)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I read the complaint and the Council’s responses. I invited Mr B to comment of the draft decision.

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What I found

6. Mr B was issued a PCN by TfL for an alleged loading bay contravention. Mr B challenged the PCN and complained about the issuing process.
7. TfL rejected his representations and issued a Formal Notice of Rejection. Mr B now has a right of appeal to a tribunal.
8. Although Mr B included in his complaint his dissatisfaction with a lack of information from TfL about the enforcement of loading bay restrictions, the injustice he claims is from the PCN itself, so it would be reasonable for him to exercise his right of appeal to London Tribunals. Mr B does not need to know how TfL decides to enforce against breaches of restrictions, because his obligation as a road user is not to breach them and he can avoid future PCNs by complying with the law.

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Final decision

9. We will not investigate this complaint because it would be reasonable for Mr B to use his right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman