Royal Borough of Kingston upon Thames (21 017 815)
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 a penalty charge notice issued by the Council for a moving traffic contravention. The complainant had a right of appeal to a tribunal against the penalty charge notice
The complaint
- The complainant, who I refer to here as Mrs B, complained because the Council issued a penalty charge notice for a moving traffic contravention.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Mrs B. I also considered our Assessment Code.
My assessment
- The Council enforces moving traffic restrictions and takes recovery action using procedures set out in the London Local Authorities and Transport for London Act 2003. Councils and motorists must follow these procedures although councils have discretion to stop enforcement or recovery action if they believe there are good reasons to do so.
- The Council issued the penalty charge notice because it believed Mrs B had driven where this not allowed. The penalty charge was £130 although the Council could accept a discounted amount of £65 if Mrs B paid within 14 days.
- Mrs B had a right of appeal against the penalty charge notice to London Tribunals which is a statutory tribunal. An appeal to London Tribunals is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 generally applies.
- Mrs B chose to pay the discounted amount of £65 and then sought to contest the penalty charge notice.
Final decision
- We will not investigate Mrs B’s complaint because she had a right of appeal against the penalty charge notice. I have seen no exceptional reasons she should not have appealed. If she wished to challenge the penalty charge notice, she should not have paid the discounted amount.
Investigator's decision on behalf of the Ombudsman