Summary: We will not investigate this complaint about a bus lane penalty as the complainant had the right to appeal it to the Traffic Penalty Tribunal.

The complaint

1. Mr X complains about a penalty charge notice (PCN) he was issued with for entering a bus lane. Mr X considers the signage at the location is not clear and that many motorists are being similarly fined.

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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 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. Parliament has provided an appeal mechanism by which Mr X could have challenged the PCN, ultimately to an independent tribunal, the Traffic Penalty Tribunal (TPT). It would have determined whether the PCN was valid in light of the points Mr X raises about signage issues. It is reasonable to expect Mr X to have followed this process to challenge the PCN. We will not therefore investigate.
7. I note Mr X raises concern about the number of PCNs issued at the location but again, the correct procedure for those motorists to mount challenges was via the appeal procedure provided in law. We are not another level of appeal and are not empowered to make determinations in respect of PCNs that the TPT is able to.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to have challenged the PCN using the appeal procedure provided in law.

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Investigator's decision on behalf of the Ombudsman