Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice. This is because Mr B put in an appeal to London Tribunals.

The complaint

1. Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged moving traffic contravention. Mr B says the new traffic restriction sign in this location is confusing to motorists and the previous sign was much clearer. Mr B considers the Council has intentionally replaced this sign to confuse motorists and raise income through fines.

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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. 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)
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 B and London Tribunals’ decision on Mr B’s appeal against this PCN, which is available online.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal to London Tribunals against this PCN. The tribunal considered the issue Mr B complains about.
8. The tribunal said the Council used signage that it is entitled to use to inform motorists of the restriction in place and which is legally compliant.
9. Because Mr B put in an appeal to the tribunal this means we cannot investigate his complaint and have no discretion to start an investigation.

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Final decision

10. We cannot investigate Mr B’s complaint because he appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman