London Borough of Southwark (22 007 157)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 30 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Mr B to make representations to the Council, and if needed, appeal to London Tribunals.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B says he was unloading from a trade vehicle within the 20 minutes allowed by the Council. Mr B says the Council has ignored the evidence he provided.
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 Act says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council recently wrote to Mr B saying he had not provided enough evidence to cancel the PCN. But, the Council said it would reconsider the case if Mr B sent the Council a job sheet within 14 days. This gave Mr B the opportunity to provide further evidence which could result in the Council cancelling the PCN.
- If the Council decides to pursue the PCN it will send Mr B a Notice to Owner.
- This will give Mr B the opportunity to put in formal representations to the Council to challenge the PCN. If the Council again rejects Mr B’s representations, he will have the opportunity to put in an appeal to London Tribunals.
- I find it is reasonable for Mr B to use this statutory process to challenge the PCN. The tribunal is in the best position to consider this matter and has the power to cancel the PCN. It is not the role of the Ombudsman to provide an alternative right of appeal.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to appeal to London Tribunals if needed.
Investigator's decision on behalf of the Ombudsman