London Borough of Barking & Dagenham (20 009 788)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 01 Feb 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Ms X, disagrees the Council had grounds to issue a Penalty Charge Notice (PCN) for pavement parking. She wants the Council to cancel the PCN.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 read the complaint and Ms X’s appeal to the Council. I considered the Council’s letter inviting Ms X to appeal to the tribunal, the tribunal decision, and comments Ms X made in reply to a draft of this decision.
What I found
Penalty Charge Notice
- If someone wishes to challenge a PCN they can appeal to the tribunal.
Pavement parking
- Pavement parking is banned in London at all times. Pavement parking is only allowed where there are signs saying it is permitted. The restriction on pavement parking is stated in the Highway Code.
What happened
- The Council issued Ms X with a PCN for pavement parking.
- Ms X challenged the PCN. Amongst other points she said that she had not committed a parking contravention, that she had left enough space for pedestrians, that virtually every car parks on the path due to a lack of space, and there were no signs saying she could not park on the pavement.
- In response the Council explained that pavement parking is prohibited all the time and no signs are required. It said people must obey the parking rules regardless of the pressures on space. It said that Ms X must now either pay £130 or appeal to the tribunal.
- Ms X appealed to the tribunal. The tribunal dismissed her appeal and directed that she must pay £130 for the fine.
Assessment
- I cannot start an investigation because Ms X appealed to the tribunal. The law says we cannot investigate any complaint that has been the subject of an appeal to the tribunal. This restriction applies even though Ms X lost the appeal.
Final decision
- I cannot start an investigation because Ms X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman