Summary: Miss X complained the Council issued her with a Penalty Charge Notice for parking on a pavement. Miss X disputed the Penalty Charge Notice. Miss X said the Council refused to review the facts of her dispute or provide a suitable response. The Ombudsman does not find fault with the Council.

The complaint

1. Miss X complained the Council issued her with a Penalty Charge Notice (PCN) stating one or more of her wheels were on a road or pavement. Miss X says she parked her car on a dead-end verge with no wheels on either the pavement or road so disputes the validity of the parking ticket.
2. Miss X says the Council has refused to review the facts of her dispute or provide a suitable response.

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The Ombudsman’s role and powers

3. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have considered all the information Miss X provided. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
7. Miss X provided comments on my draft decision. I considered Miss X’s comments before making my final decision.

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What I found

Parking regulations

8. It is a parking contravention to park a vehicle with one or more wheels on any part of an urban road other than the carriageway. This can be a footway (pavement) or crossover which provide access from the road to driveways, car parks or a premises in general. (London Local Authorities Act 2000, section 15, Greater London Council (General Powers) Act 1974 Section 15(1) and Road Traffic Act 1991 Section 76(3))

Penalty Charge Notice and the appeals process

9. If the Council believes a parking contravention has occurred, it may issue a Penalty Charge Notice (PCN). The PCN can be fixed to the vehicle, given to the driver, or sent to the registered keeper of the vehicle. This should be to the address where the vehicle is registered with the DVLA.
10. A motorist can pay a reduced penalty charge if paid within 14 days. The discount is currently 50%.
11. A person can make an informal challenge against a PCN within 28 days of its issue. If the challenge is successful, the council will cancel the PCN. If the council rejects the informal challenge, it will give the owner opportunity to pay the PCN, usually within 28 days.
12. If the motorist does not pay the PCN the council may send a notice to owner (NTO). This provides an opportunity for the vehicle’s keeper to either pay the charge at the full amount or make formal representations against the charge.
13. If the keeper’s formal representations are unsuccessful, a person can appeal to the independent adjudicator.
14. The Council details the information in paragraphs 9 through 13 on its website and in its Parking Policy. The Council’s parking policy clarifies that should a person be dissatisfied with the Council’s informal response they can make formal representations following the Notice to Owner.
15. The Council should provide a person with full information about their appeal rights. This should include information about the Notice to Owner, a person’s right to make formal representations and rights to appeal to an adjudicator. (Guidance for local authorities on enforcing parking restrictions 2020)

What happened

16. The Council attached a PCN to Miss X’s vehicle on 17 December 2021. The PCN outlined the following information:
• The Council issued the PCN because Miss X had “Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway”.
• The Penalty Charge was £130 and Miss X had 28 days to pay from the date of the PCN.
• The Council would reduce the PCN to £65 if Miss X paid within 14 days of the date of the PCN.
• If Miss X did not pay the PCN within 28 days it may issue a “Notice to Owner”.
• Miss X could make representations to the Council before it issued a Notice to Owner and it would consider these.
• Miss X could make formal representations once it issued the Notice to Owner and could then appeal to an adjudicator if the Council rejects the formal representations.
17. Miss X disputed the PCN with the Council on 21 December 2020. Miss X said she parked her car on a “driving road” which led to her block of flats and not on the pavement. Miss X said the Council officer did not take photographs of the pavement correctly and provided her own photographs as evidence. Miss X also said there was no signage advising that she could not park where she did.
18. The Council responded to Miss X’s complaint on 24 December 2020 but forward-dated this to 29 December 2020 to allow for delayed postage over the Christmas period. The Council said:
• Parking on a footway was a constant contravention in all 33 boroughs of London (including the city of London authority).
• The Council did not need to provide signage to make a person aware of this contravention. The Council would instead mark exceptions to this contravention.
• Miss X could pay the discounted rate of £65 within 21 days from the date of the Council’s informal response. After this date, the Council would charge £130.
• If Miss X did not pay the PCN within 28 days of the date of the PCN it will serve a Notice to Owner. Miss X could then make formal representations or pay the full charge of £130.
• The Council’s policy is only to consider one informal challenge, so it may not respond to further appeals.
• If Miss X paid the PCN before it issued the Notice to Owner, it will close the matter and Miss X will no longer have a right to appeal.
19. Miss X raised a second dispute with the Council on 26 December 2020. Miss X said she did not park illegally and complained about limited parking availability and other people who had parked illegally without the Council issuing tickets.
20. The Council responded to Miss X’s second informal dispute on 29 December 2020. The Council said it had already reviewed Miss X’s informal dispute and rejected it. The Council said Miss X could either pay the £65 or wait for the Notice to Owner and make formal representations.
21. Miss X responded to the Council on 29 December 2020. Miss X said the Council would repeat what it said in the informal response if she waited for the Notice to Owner to make representations. Miss X said she would then miss the discounted rate.
22. Miss X paid the PCN at the discounted rate of £65 on 3 January 2021.
23. The Council responded to Miss X’s contact from 29 December 2020 on 5 January 2021. The Council acknowledged Miss X’s payment and said it accepted this payment as closure of the matter. The Council said it had considered Miss X’s contact on 29 December 2020 but said it issued the PCN correctly.
24. Miss X complained to the Council on 5 January 2021. Miss X said the Council did not provide a suitable response to her complaint and asked for a refund of her £65.
25. Miss X chased the Council for a response on 10 January 2021, 25 January 2021, 29 January 2021 and 1 February 2021.
26. The Council responded to Miss X’s complaint on 8 February 2021. The Council provided Miss X with information about the appeals process and how it manages this process. The Council provided details of how it reached its decision in Miss X’s complaint and explained why it issued the PCN.
27. Miss X disputed the parking ticket with the Council again and reiterated her request for a refund of the £65 on 11 February 2021.
28. Miss X contacted the London Tribunals on 22 February 2021. Miss X told the London Tribunals she had exhausted the Council’s complaints procedure and explained her dispute with the Council. The London Tribunals told Miss X it could only look at her complaint if she had received a Notice of Rejection from the Council.
29. Miss X complained to the Local Government and Social Care Ombudsman.

Analysis

Issuing the PCN

30. Miss X complained the Council incorrectly issued her with a PCN. Miss X disputes the grounds on which the Council issued the PCN.
31. The Ombudsman is not an appeal body, so cannot comment on the merits of judgements and decisions made by councils in the absence of fault in the process. Neither are we a court, and so cannot determine or define the law.
32. The Ombudsman must decide if the Council has considered the relevant legislation and policies in making its decision to issue the PCN. If the Council has considered the relevant policies and reached a suitable decision in line with these policies, the Ombudsman cannot find fault.
33. The Council issued a PCN by attaching this to Miss X’s vehicle when a council officer decided Miss X parked her car in contravention with parking regulations. The Council said Miss X parked her car with at least one wheel on a footway. The Council took photographs of Miss X’s car to show the parking contravention. I do not find fault with how the Council issued the PCN.
34. Miss X disputed the parking contravention saying she did not park her car with wheels on the footway. Miss X provided a photograph of a footpath next to her parked car to show she did not park on this footpath.
35. The Council’s photographs do not show the footpath Miss X evidenced. However, the Council did not base its decision to issue the PCN on parking on this footpath. The Council issued a PCN because Miss X’s front tyres rested on the footway between the carriageway and the access road to her block of flats.
36. The Council pointed to relevant legislation in making its decision and evidenced the parking contravention. I do not find fault with the Council’s decision to issue Miss X with the PCN.

Appealing the PCN

37. Miss X complained the Council failed to review her dispute about the PCN or provide a suitable response.
38. The Council must provide all relevant information to a person about their appeal rights. The Council’s PCN attached to Miss X’s car provided details of the appeal process and options available to Miss X. The PCN told Miss X the reason for the PCN and the charge of the PCN. The PCN also detailed the timescales for payment at both the reduced and full rates, the option to make representations and option to appeal to an adjudicator if the Council rejected the representations. The Council’s website also provides this information to the public.
39. The Council provided clear and transparent information to Miss X when it issued the PCN. I do not find fault with the Council.
40. Miss X raised two separate informal appeals with the Council in December 2020. The Council responded to both informal appeals with a short turnaround in response timescales. The Council’s policy is only to respond to one informal appeal but the Council address both of Miss X’s. I consider the Council has gone beyond its policy and I do not find fault.
41. Within the Council’s informal responses to Miss X, it provided its rationale for issuing the PCN and rejecting her appeals. The Council also told Miss X if she paid at the discounted rate, it would close the matter. The Council also told Miss X about her option to make formal representations. While the Council could have referenced the independent adjudicator at the informal stage, it had already provided this information to Miss X within the PCN. I do not find fault with the information the Council provided in its informal responses to Miss X’s appeals.
42. While Miss X made a third informal appeal to the Council on 29 December 2020, the Council had no duty to consider or respond to this. I do not find fault with the Council for not responding to this third appeal until after the 50% discounted period ended.
43. Miss X paid the PCN on 3 January 2021 at the discounted rate. Miss X later asked for a refund of her payment and chased the Council on four occasions and made a further request for the refund of her payment.
44. The Council had made Miss X aware that if she paid the PCN at the discounted rate the Council would close the matter. The Council also made Miss X aware it may not respond to further informal appeals about the same PCN. Miss X chose to pay the discounted PCN in knowledge of the above.
45. The Council had no duty to provide a refund of Miss X’s payment for the PCN. The Council has provided relevant information to Miss X to make an informed decision about paying the PCN at the discounted rate or the appeal options available to her. The Council acted in line with its policy. I do not find fault with the Council.

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Final decision

46. I have completed my investigation as there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman