Summary: We will not investigate this complaint about a penalty charge notice Mr X complains was wrongly served. This is because he had right of appeal to London Tribunals; it would have been reasonable for him to use it.

The complaint

1. Mr X complained TfL wrongly placed a sign which led him to receive a penalty charge notice (PCN).

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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)
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 X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained TfL has placed a road sign incorrectly and this caused him to receive a PCN. He has since paid the PCN. He says he was told the sign was placed incorrectly and would be placed in a different position as a result.
8. TfL states the sign has been placed correctly and in accordance with the relevant rules and regulations. TfL has rejected Mr X’s representations against the PCN.
9. The London Tribunals were set up to consider matters regarding PCNs. It would have been reasonable for Mr X to use his right of appeal. He has now paid for the PCN which acts as acceptance of it. The Ombudsman will not investigate a complaint when someone has right of appeal.

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Final decision

10. We will not investigate Mr X’s complaint because he had right of appeal to the London Tribunals; it would have been reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman