London Borough of Southwark (24 006 109)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 23 Jul 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged moving traffic contravention. This is because Mr B put in an appeal to London Tribunals.
The complaint
- Mr B complains the Council is pursuing payment of a Penalty Charge Notice (PCN) it issued to him for an alleged moving traffic contravention. Mr B says this traffic restriction is not clearly signed. Mr B complains the Council wrongly rejected his representations and referred to incorrect evidence. Mr B says the charge is now over £500 and is causing him considerable stress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mr B. I have read London Tribunals’ decision, available online, on Mr B’s appeal against this PCN.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B considers the Council was wrong to issue this PCN. Mr B used his right of appeal to London Tribunals against this PCN. This is the process set out in law for a motorist to challenge a PCN. The tribunal is independent and has the power to cancel a PCN.
- The tribunal decided the contravention occurred and the signage in this location is sufficient.
- Because Mr B used his right of appeal against this PCN this means we cannot investigate his complaint and have no discretion to start an investigation.
Final decision
- We cannot investigate Mr B’s complaint because he appealed to London Tribunals.
Investigator's decision on behalf of the Ombudsman