Summary: We will not investigate this complaint about the Council issuing several traffic and parking penalties to Mrs X. It was reasonable for her to appeal the penalties to the London Tribunals which is the proper body to consider penalty appeals. She has submitted late witness statements and statutory declarations on some the penalties which provides her with a court remedy in these cases.

The complaint

1. Mrs X complained about the Council issuing several penalty charge notices (PCN) for parking and traffic offences. She says the Council has harassed her in recovering the charges and has discriminated against her as a disabled blue badge driver. She wants the Council to cancel the penalties and compensate her.

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The Ombudsman’s role and powers

2. 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)
3. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X received several parking and traffic penalties in 2021 which she says were issued unreasonably because she is a disabled driver with a valid blue bade permit. She did not appeal the penalties or follow the enforcement procedure set out in the Traffic Management Act 2004 but instead made a complaint about the penalties to the Council through her member of Parliament.
8. The Council replied and advised that the penalties issued were valid because she failed to obey the signage and restrictions in the locations they were issued. It advised her that disabled permit holders are required to understand when and where they can use the permit and that failure to do so would result in enforcement in the same way as with any other motorist. It advised that it would not cancel the penalties and she must appeal them. The Council allowed a meeting with its staff to explain the enforcement process which is not a requirement of the statutory procedure.
9. Because Mrs X did not pay or appeal the penalties within the timescale in the enforcement procedure, they were forwarded the Traffic Enforcement centre (TEC) which is a County Court. Some of the penalties were issued to enforcement agents once a warrant was obtained.
10. Mrs X has subsequently submitted out of time witness statements and statutory declarations. Some of the penalties have progressed to the London Tribunals and one is awaiting the decision of the Adjudicator at the Tribunals.
11. Mrs X complained that the Council failed to put enforcement action on hold while she was complaining about the PCNs and during her late appeals. There is no requirement for the issuing authority to do so under the enforcement procedure.
12. Where there is a right of appeal to an independent tribunal, or to a court such as the TEC, we would expect the complainant to pursue this remedy. Mrs X has done so with her penalties and it is for those bodies to decide the outcome.

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Final decision

13. We will not investigate this complaint about the Council issuing several traffic and parking penalties to Mrs X. It was reasonable for her to appeal the penalties to the London Tribunals which is the proper body to consider penalty appeals. She has submitted late witness statements and statutory declarations on some the penalties which provides her with a court remedy in these cases.

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Investigator's decision on behalf of the Ombudsman