London Borough of Bromley (24 007 608)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Aug 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice he received for a moving traffic contravention. This is because Mr B appealed to the tribunal.
The complaint
- Mr B complains the Council issued him with a Penalty Charge Notice (PCN) for stopping in a yellow box junction. Mr B says the contravention only occurred because traffic ahead abruptly stopped at another set of traffic lights which he could not see from the junction. Mr B says the traffic lights between these two junctions are not synchronised and he could not have foreseen that traffic would stop. Mr B would like the Council to review the synchronisation of these traffic lights and understand why motorists may have to stop in this yellow box junction.
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 considered the Ombudsman’s Assessment Code.
My assessment
- Mr B put in an appeal to London Tribunals against this PCN. The tribunal was in the best position to consider Mr B’s comments that he could not have foreseen that the traffic would stop and the two sets of lights are not synchronised.
- The tribunal noted that when a vehicle enters a box junction they should have a clear exit and must comply with the box junction restriction even after passing a green light.
- The tribunal decided a contravention had taken place and refused Mr B’s appeal.
- Because Mr B put in an appeal to the tribunal, we cannot investigate his complaint and have no discretion to start an investigation.
Final decision
- We cannot investigate this complaint because Mr B appealed to a tribunal.
Investigator's decision on behalf of the Ombudsman