Council enforcing a void Borough-wide traffic restriction they know is tantamount to a scam. Ombudsman dismissed my complaint. What are my options?
TL;DR - I discovered a Council's Borough-wide traffic restriction is legally void and tantamount to a scam. The Council are aware but continue to enforce it regardless. The LGSCO dismissed my complaint at Assessment stage essentially saying "we don't investigate individual PCN disputes", a fundamental mischaracterisation of my complaint. Is there a way I can force a rogue Council to halt an illegal enforcement scheme? Nobody is listening and clearly not even looking at the damning evidence.
Looking for advice on how to stop a rogue Council.
The London Borough of Bexley has an overnight commercial vehicle waiting ban. I won a London Tribunal appeal because the zone completely lacks statutory perimeter signage at 33 major entry points (including the A2/A20) and lacks any repeater signage in a 60.5km² enforcement zone, failing the adequacy test under LATOR 1996 Reg 18. The key signage they do have has also been non-compliant with TSRGD 2016 for numerous years.
Despite knowing the zone is legally void, the Council is continuing enforcement to rake in penalties from drivers who are unfamiliar with the law.
To provide a comparison: this is the equivalent of a Council reducing a section of dual carriageway from a 70mph to a 40mph limit but failing to install any speed limit signage, yet continuing to use cameras to enforce 40mph and penalise drivers for doing 70mph. In such a scenario, the 'offence' is a fiction created by the Council’s own failure to meet its statutory obligations. It is not legitimate traffic enforcement; it is a scam.
The LGSCO just dismissed my systemic complaint at the assessment stage, using a boilerplate "we don't investigate individual PCN disputes" template, missing the point entirely. It is a fundamental mischaracterisation of my complaint. My complaint was regarding systemic maladministration and administrative fault by the London Borough of Bexley, specifically: Failure of Complaints Handling (excessive delays) and Predatory Enforcement Schemes, which I have all the evidence of.
I have been corresponding with the Council’s Monitoring Officer since January, but this isn’t going anywhere despite assurances that it is being taken seriously and being investigated etc, meanwhile they continue to enforce the restriction and scam people. I have drivers contacting me online who I have helped with appeals, and I will help them all the way to London Tribunals. But I’m hearing the same story, “there was no signage on the road I parked on” and “ I didn’t pass any signage”, and it really is not a case of a lack of diligence from drivers, the restriction really is not signed.
Aside from the Monitoring Officer, what are my options? Is there an actual legal mechanism to force a Council to stop a fraudulent enforcement scheme, or am I stuck playing whack-a-mole at the Tribunal forever? Can I submit a new complaint to LGSCO but word it differently but regarding the same problems?
Based in England. Thanks.
Edit: I got sent another PCN for the restriction after posting this 😭 I'm glad people are finding me, but how long can the council keep this up! Guess they are seeing which breaks first, my spirit or my body.