Summary: We cannot investigate this complaint about two Penalty Charge Notices. This is because the complainant appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, disputes two Penalty Charge Notices (PCNs) which the Authority issued for driving through a tunnel in a van that exceeded the weight limit. Mr X says his van does not exceed the limit. He also says the signs are unclear.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), 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 tribunal decisions. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

6. Mr X drove through a tunnel. The Authority issued two PCNs because the van exceeded the weight limit.
7. Mr X appealed to the tribunal for both fines. He said the signs are unclear. He also said he had weighed the van and the weight is less than the limit for the tunnel.
8. The tribunal dismissed both appeals and said Mr X must pay £130 for each fine. The tribunal adjudicator did not accept Mr X’s criticism of the signs and said the van was not eligible to use the tunnel because its revenue weight exceeds the limit for the tunnel. The adjudicator said the van as weighed by Mr X using a weight bridge is not the legally relevant criteria. The adjudicator said there were no grounds to cancel either fine.
9. Mr X continues to dispute the PCNs and to assert the van does not breach the weight limit. He says the Authority has not proved the van is too heavy for the tunnel and he wants a full investigation. Mr X says the tribunal was not impartial and did not consider all the evidence. He is waiting for the vehicle manufacturer to provide more information about the weight.

Assessment

10. I cannot start an investigation because the law says we cannot investigate any matter that has been appealed to the tribunal. This restriction applies even if the person thinks the decision made by the tribunal is wrong. Mr X has appealed to the tribunal which means I have no power to start an investigation. I cannot investigate how the Authority reached its decision about the weight and I cannot investigate the way the tribunal reached its decision. There is no part of the complaint that I can investigate.

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Final decision

11. I cannot start an investigation because Mr X appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman