Summary: We will not exercise discretion to investigate this complaint about the Council issuing penalties to Mr X for driving in a restricted zone in 2022 and 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. It was reasonable for Mr X to appeal to the Adjudicator at the London Tribunals at the time.

The complaint

1. Mr X complained about the Council introducing a low traffic neighbourhood scheme which had unclear signs about which vehicles were exempt. He incurred 12 penalties for entering the zone in 2022 and 22023 when he believed his vehicle was exempt.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. London Tribunals considers parking and moving traffic offence appeals for London.
4. 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)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council’s responses.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says he incurred more than 10 penalties (PCNs)when he entered a low traffic neighbourhood which was introduced in November 2022. He says he moved into the area slightly before the scheme went live and was unaware of its introduction. He was aware of the signs indicating the zone but believed his vehicle was exempt because he held a resident’s permit and the sign indicated that some permit holders were exempt.
8. The Council said that the signs clearly indicated that only residents in the zone were exempted and not permit holders of the type which Mr X has.
9. Mr X disputed the reasons and challenged the PCN’s by appealing to the Adjudicator at the London Tribunals. There was a hearing in April 2023 and Mr X was unsuccessful in overturning the penalties.
10. We will not investigate this complaint which concerns matters prior to 12 months before he complained to us. There is no evidence to suggest that Mr X could not have complained to us sooner. Mr X has used his rights to appeal the penalties and in this case he was unsuccessful. We cannot consider complaints which have been considered by a court, tribunal, or government minister.

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Investigator's decision on behalf of the Ombudsman