Summary: We will not investigate this complaint that incorrect road signage led to Mrs X being issued with a penalty charge notice as Mrs X could have appealed about this to London Tribunals.

The complaint

1. Mrs X complained incorrect road signage led to her wrongfully being issued with a penalty charge notice (PCN) by the Council. Mrs X wants the money she paid to be refunded.

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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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Parliament has provided an appeal process by which Mrs X could have challenged the PCN and asked the independent adjudicators at London Tribunals to determine if it was valid given the concerns she raises about the signage. This was the appropriate way to challenge this matter and it is reasonable to expect Mrs X to have taken this course of action. That Mrs X chose to pay the PCN, and so lose this appeal right, does not impact on this decision.

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Final decision

7. We will not investigate Mrs X’s complaint because it is reasonable to expect her to have followed the statutory appeal process to challenge the PCN and obtain an expert opinion on the sign in question.

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Investigator's decision on behalf of the Ombudsman