Summary: We will not investigate Mr C’s complaint that the Council wrongly issued him with a Penalty Charge Notice for driving in a bus lane. This is because it is reasonable for Mr C to put in an appeal to London Tribunals.

The complaint

1. Mr C complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for driving in a bus lane.

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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. The Act 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)
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 C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Once the Council issues Mr C with an enforcement notice, Mr C may challenge this PCN by making formal representations to the Council. If the Council rejects Mr C’s representations, he may put in an appeal to London Tribunals.
8. This is the process set out in law to challenge a PCN and we generally expect it to be used. London Tribunals is independent of the Council and has the power to cancel a PCN.
9. I find it is reasonable for Mr C to put in an appeal to London Tribunals. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr C’s complaint because it is reasonable for him to put in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman