Transport for London (20 009 869)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 11 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about four Penalty Charge Notices because the Authority has cancelled them.
The complaint
- The complainant, whom I refer to as Ms X, says the Authority wrongly issued four Penalty Charge Notices (PCNs) because the vehicles were on private property.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and got some information from the Authority. I invited Ms X to comment on a draft of this decision.
What I found
What happened
- The Authority issued four PCNs for pavement parking. Ms X says the PCNs should not have been issued because the vehicles were parked on private property.
- I asked the Authority for some information. In response, the Authority said it had reconsidered the case and decided that it has no power to issue fines at this location because it is not part of a red route. The Authority will cancel all four PCNs and issue a refund for the two that have been paid. The Authority will write to the registered owners to confirm its decision and the refund. The Authority will remind its enforcement officers not to issue PCNs at this location.
Assessment
- I will not start an investigation because the Authority has resolved the problem. It has cancelled the PCNs, will issue a refund, and remind officers not to issue more PCNs at this location.
Final decision
- I will not start an investigation because the problem has been resolved.
Investigator's decision on behalf of the Ombudsman