Royal Borough of Kingston upon Thames (23 018 234)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 05 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about a penalty charge notice for an alleged parking contravention. This is because it would be reasonable for Ms X to appeal to London Tribunals.
The complaint
- The complainant, Ms X, complains about a penalty charge notice (PCN) issued by the Council for an alleged parking contravention. Ms X disputes the PCN and says she cannot afford to pay it.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
- There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
- If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to London Tribunals.
- If Ms X disputes the PCN it would be reasonable for her to appeal under the process set out above. I have seen no reasons why Ms X could not have appealed and I will not therefore exercise my discretion to investigate the complaint.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Ms X to make representations against the PCN and appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman