London Borough of Waltham Forest (24 023 471)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 17 Jun 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice and traffic signs because the complainant appealed to the tribunal.
The complaint
- The complainant, Mr X, complains he received a Penalty Charge Notice (PCN) due to inaccurate traffic signs. He wants the Council to remove the inaccurate signs and camera, cancel the PCN, and pay £100 compensation.
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 X. I also considered the tribunal decision and our Assessment Code.
My assessment
- The Council issued Mr X with a PCN for driving into a street where vehicles are prohibited.
- Mr X appealed to the tribunal and argued the signs are incorrect and misleading. The tribunal dismissed Mr X’s appeal. The adjudicator said, “as a whole, I find that the restriction was clearly and adequately signed by the upright signage. The carriageway markings additionally informed motorists not to enter.” The tribunal decided Mr X must pay the full PCN.
- Mr X disagrees with the tribunal decision and continues to assert the signs are wrong.
- I cannot investigate this complaint because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has formed part of an appeal to the tribunal. Mr X appealed to the tribunal about the signs which means we have no power to start an investigation. And, because the matter has been heard by the tribunal, we cannot comment on the signs, ask the Council to change them, or ask the Council to cancel the PCN. Mr X disagrees with the tribunal decision but that disagreement does not mean we can start an investigation.
Final decision
- We cannot investigate this complaint because Mr X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman