Summary: We will not investigate Mr X’s complaint the Council has issued penalty charge notices for driving into his street. Mr X could reasonably have used his right of appeal to the London Tribunals.

The complaint

1. Mr X complains the Council has issued penalty charge notices for driving/parking on his street following changes to restrictions and the introduction of new signs relating to a pedestrian zone and school hours. Mr X says the Council did not write to him and provide information on the changes. Mr X says he had difficulty obtaining a parking permit and thought he would be given one automatically. Mr X says the new street rules cause him stress. He wants the Council to cancel or reduce the charges.

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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. 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

4. I considered Mr X’s information and photographs of the road and signs. The information includes two notices of rejection of his representations and five charge certificates regarding parking infringements in May and June 2021. The Council has provided the first penalty charge notice and related notice of rejection.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mr X has or had a right of appeal to the parking adjudicator (see paragraphs 2 and 3 above). London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London. The Council’s notices to Mr X correctly explain the right of appeal.
7. I consider it reasonable for Mr X to have used his right of appeal. The parking adjudicator could consider Mr X’s comments on the road arrangement and signs and could quash the parking penalty.
8. There is no other injustice and we cannot achieve what Mr X wants which is a change to the road restrictions.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint the Council has issued penalty charge notices for driving into his street. Mr X could reasonably have used his right of appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman