Summary: We will not investigate this complaint about a Penalty Charge Notice for driving in a bus lane. This is because the complainant can appeal to the tribunal.

The complaint

1. The complainant, Ms X, complains the Authority rejected her appeal regarding a Penalty Charge Notice (PCN) for driving in a bus lane. She says there are good reasons to cancel the PCN and she suggests the Authority has discriminated against her. Ms X says the Authority cancelled similar PCNs issued to other people.

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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 Ms X and the Authority. This includes correspondence about the PCN and our Assessment Code.

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My assessment

6. The Authority issued Ms X with a PCN for driving in a bus lane.
7. Ms X appealed against the PCN. She agreed she drove in the bus lane for a short time but explained there were good reasons to do so. For example, she said there were no buses, a queue of traffic in the standard lane, and she needed to turn left. She said the incident was de minimis and she was optimizing the traffic flow.
8. The Authority considered the appeal but rejected it. The Authority gave Ms X another chance to pay the PCN at the reduced rate. Alternatively, it explained how she could follow the statutory process and then appeal to the tribunal.
9. I will not investigate this complaint because Ms X can either pay the fine or follow the statutory process and appeal to the tribunal. It is reasonable to expect Ms X to appeal because that is the correct way to challenge a PCN. If appropriate, the tribunal has the power to cancel a PCN, we do not have that power.
10. Ms X suggests the Authority discriminated against her by not cancelling the PCN but has not provided any evidence to support this allegation. The Authority issued the PCN because its cameras showed Ms X drove in a bus lane. It considered but rejected her appeal, and I have not seen anything to suggest this rejection flowed from discrimination. And, as I have said, Ms X can appeal to the tribunal.

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Final decision

11. We will not investigate this complaint because Ms X can follow the statutory process and then appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman