Summary: We will not investigate this complaint about a penalty charge notice as the matter was best addressed via an appeal to the independent tribunal.

The complaint

1. Mr X complains about a lack of warning signs in an area where he was issued with a penalty charge notice (PCN). Mr X paid the PCN, but the Council later made a refund to him. Mr X wants the Council to ensure warning signs are in place.

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The Ombudsman’s role and powers

2. 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))
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. 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)

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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. We will not investigate the PCN issued to Mr X as the Council has refunded the payment he made for this and as such, there is insufficient remaining injustice caused to him to justify our further involvement.
7. While Mr X chose to pay, it was open to him to challenge the PCN via the process provided by Parliament, ultimately to an independent adjudicator at London Tribunals. The adjudicator would have given an expert opinion as to whether signage in the area was adequate and so Mr X’s concerns would have been addressed. This process is open to any other motorists similarly affected and we would generally expect them to use this process. As such, we will not investigate Mr X’s concerns about signage in the area.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient remaining injustice caused to him and the issues he raises about signage were best addressed via an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman