London Borough of Lewisham (21 017 135)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 29 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s issuing of a Penalty Charge Notice to Ms X for a parking violation. This is because Ms X has appealed to London Tribunals and so the complaint falls outside our jurisdiction.
The complaint
- The complainant, who I refer to as Ms X, complains about the Council’s actions in issuing her with a PCN for a parking violation which led to her car being clamped.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
- London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Ms X’s complaint because she has appealed to London Tribunals and so the complaint falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman