Summary: We cannot investigate Ms B’s complaint about a Penalty Charge Notice. This is because Ms B appealed to London Tribunals.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged moving traffic contravention. Ms B says the traffic restriction was not properly signed. Ms B says shortly after she was issued with the PCN the Council moved the sign to a better location so it could be seen by motorists. Ms B would like the Council to cancel the PCN and offer a full refund.

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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 same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms B and information about Ms B’s appeal to London Tribunals which is available online.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms B put in an appeal to London Tribunals against the PCN issued by the Council. The tribunal considered whether the PCN was correctly issued. This included consideration of whether the signage was sufficient to warn motorists of the restriction in place at the time of the contravention. The tribunal dismissed Ms B’s appeal.
8. Because Ms B used her right of appeal to challenge the PCN, this means we cannot investigate her complaint.

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Final decision

9. We cannot investigate Ms B’s complaint because she appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman