Summary: We will not investigate this complaint about traffic signs leading up to a bus gate. This is because Mr X could reasonably have used his appeal right.

The complaint

1. Mr X received a penalty charge notice (PCN) for infringing a bus gate restriction. Mr X complains the signs leading up to the bus gate are unclear and wants the Council to put up more signs.

Back to top

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.

Back to top

How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X could have appealed his PCN with the London Tribunals environment and traffic adjudicators. The Tribunal has the expertise to decide whether the signs are adequate. If the adjudicator found the signs inadequate, the Tribunal could order the Council to address this. This appeal procedure exists to address concerns such as Mr X’s, so we normally expect people to use it. I have seen nothing to suggest it would have been unreasonable for Mr X to use this process.

Back to top

Final decision

8. We will not investigate Mr X’s complaint he reasonably could have appealed to the tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman