Summary: We will not investigate Mr X’s complaint the Council issued a penalty charge notice and that he was misled into the driving offence by lack of full information on the Council’s website. It was reasonable for Mr X to use his right of appeal against the penalty charge notice to the London Tribunals.

The complaint

1. Mr X complains the Council’s information on its website which failed to make clear road restrictions had been introduced the year before when accessing a recycling centre led him to commit a moving traffic offence for which he was issued a penalty charge notice (PCN). Mr X wants the Council to refund the fine which he paid.

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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 have considered Mr X’s information and comments and discussed the complaint with him by telephone. The information includes the Council’s final complaint reply dated 20 October 2021. I have considered the Council’s website information on accessing the recycling centre and internet street scene views of the surrounding roads.

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My assessment

5. I will not investigate Mr X’s complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mr X had a right of appeal against the PCN to a tribunal (see paragraph 2 and 3 above). London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
7. I consider it reasonable for Mr X to have used his right of appeal because the Tribunal is the specialist body to deal with such disputes and has the power to quash the fine. Mr X chose to pay the fine.
8. I do not consider investigation by the Ombudsman would achieve the outcome Mr X wants. Mr X’s complaint to the Council says: ‘I encountered the new restrictions which I assumed were not in force/active’. It appears Mr X ignored the road signs which the Council says restricted the road to buses and cyclists. The information on the website explained there was a change in the road system but did not give the year of commencement. However, a driver is required to have regard to the road conditions including signs.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint that the Council issued a penalty charge notice and that he was misled into the driving offence by lack of full information on the Council’s website. It was reasonable for Mr X to use his right of appeal against the penalty charge notice to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman