Summary: We will not investigate this complaint about a bus lane penalty charge notice as Mr X had the right to appeal it to an independent tribunal.

The complaint

1. Mr X complains that road markings are unclear at a junction where the Council issued him with a penalty charge notice (PCN) for entering a bus lane. Mr X paid the PCN but is unhappy with the Council’s response after he subsequently complained about the junction being confusing.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 a statutory appeal process by which Mr X could ultimately have had the issues he raises addressed by an independent parking adjudicator at London Tribunals (the Tribunal). We are not empowered to make such determinations or to say whether the PCN should have stood.
7. Any injustice to Mr X arises from the PCN and the way to seek a remedy for that was via an appeal. I recognise that Mr X is unhappy with how the Council responded to his subsequent complaint, but that, in itself, does not cause him an injustice to a degree that would warrant our further involvement.
8. It is reasonable to expect Mr X to have appealed and as such, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because the appropriate route for him to address the issues he raises was via an appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman