Summary: We will not investigate Mr X’s complaint about several penalty charge notices issued by the Council for contraventions of its low-traffic neighbourhoods. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains the Council issued him penalty charge notices (PCNs) for driving in low-traffic neighbourhoods (LTNs) despite confirming he had an exemption as a virtual blue-badge holder. He says he tried to speak to someone at the Council about the issue but they refused to engage with him.

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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. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued exemptions for some of its LTNs to certain virtual blue-badge holders meaning they could continue to drive in the LTNs when others could not. Mr X’s exemption applied from 4 September 2023.
7. The exemptions were specific to the LTNs and locations listed in the documents and the letter confirming the exemption states “Please read this letter carefully as it provides information on where the exemptions do not apply. Failure to comply will result in a Penalty Charge Notice being issued (you will be fined).”
8. The Council issued Mr X several PCNs for driving in different LTNs where it says no exemption applied. Mr X appealed against one of the PCNs in 2023 and London Tribunals upheld his appeal on the basis the Council’s signage was inadequate. He then appealed against five more PCNs in 2024 but London Tribunals refused his appeals. It was satisfied the Council’s signage was adequate to warn of the restrictions on motor vehicles using the roads and that the contraventions took place.
9. Because Mr X has appealed against the PCNs we cannot investigate any complaint about them. London Tribunals is the appropriate body to decide whether the PCNs were valid and it has made a decision on this point. Its decisions made clear the PCNs remained payable and if Mr X has not paid them the Council is entitled to escalate the cases and instruct enforcement agents (bailiffs) to recover payment from him.
10. We will not separate investigate Mr X’s complaint that the Council refused to discuss the PCNs with him as the injustice Mr X claims stems from the PCNs themselves and London Tribunals has already dealt with this.

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Final decision

11. We will not investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman