London Borough of Lewisham (20 009 594)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 26 Jan 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint about a penalty charge notice issued by the Council. This is because Mrs X has used her right of appeal to London Tribunals.
The complaint
- The complainant, Mrs X, complains about a penalty charge notice (PCN) issued by the Council. She says it has caused her upset, distress and financial loss.
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 can appeal to a tribunal. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (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 reviewed Mrs X’s complaint, her correspondence with the Council and the Adjudicator’s response to her appeal and review request.
What I found
- The Council issued Mrs X a PCN for a moving traffic contravention in September 2020. Mrs X disputes the PCN and says there were no signs to warn motorists of any restrictions. She made representations to the Council but it rejected them. She then appealed to London Tribunals. London Tribunals dismissed Mrs X’s appeal and Mrs X is unhappy with its decision.
- Because Mrs X has used her right of appeal to London Tribunals we have no jurisdiction to investigate her complaint about the PCN. I understand Mrs X has requested a review of the Adjudicator’s decision and if this is unsuccessful Mrs X’s remaining means of challenging the decision would be by Judicial Review in the High Court.
Final decision
- We cannot investigate this complaint. This is because Mrs X has appealed against the PCN to London Tribunals.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman