London Borough of Hounslow (21 017 746)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council pursuing an unpaid parking penalty charge. There is no evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council failed to tell him the outcome of his appeal against a penalty charge notice for a parking contravention. The Council then increased the amount he had to pay from £110 to £165.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr B and the online register of appeals kept .by London Tribunals. I also considered our Assessment Code.
My assessment
- The Council enforces parking restrictions and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. Councils and motorists must follow these procedures.
- Mr B appealed to London Tribunals, as independent body, against a penalty charge notice issued by the Council.
- London Tribunals is responsible for telling appellants the outcome of their appeal. It usually does this by post. It also advises appellants they can follow the progress of their appeal online.
- London Tribunals did not uphold Mr B’s appeal and directed him to pay £110 within 28 days of its decision. As it received no payment within 28 days, the Council continued recovery action and issued a charge certificate requiring Mr B to pay £165. This was in line with the Regulations.
Final decision
- We will not investigate Mr B’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman