Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice he received for an alleged moving traffic contravention. This is because Mr B put in an appeal to London Tribunals.

The complaint

1. Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged moving traffic contravention. Mr B says the traffic restriction in this location is not clearly signed and the road layout is confusing to motorists, particularly at night.

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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. 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)
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 B and London Tribunals’ decision on Mr B’s appeal against this PCN, which is available online.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal against this PCN to London Tribunals. The Tribunal refused Mr B’s appeal. The Tribunal found the signage in this location is clear and the road layout is not misleading.
8. Because Mr B put in an appeal against this PCN this means we cannot investigate his complaint and have no discretion to start an investigation.

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Final decision

9. We cannot investigate Mr B’s complaint because he put in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman