London Borough of Newham (22 008 939)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 13 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint alleging the Council failed to notify the complainant about a parking fine. This is because he had a right to appeal to court.
The complaint
- Mr X complains about being issued with a parking fine at his old address. He says this has caused his anxiety. He would like to be refunded £791 he paid to bailiffs.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information Mr X provided and the Ombudsman’s Assessment Code.
My assessment
- Parliament has laid down a detailed process allowing individuals the right to challenge parking tickets from the Council.
- The Council says it sent the ticket to the address held by the DVLA.
- Mr X has now paid his fine. However, he could have submitted a statutory declaration to the Traffic Enforcement Centre (TEC) which is a court. If the TEC accepted Mr X’s application it could have taken process back to an earlier stage, reducing the amount of the PCN and reinstating Mr X’s right of appeal against it to the Council or to the London Tribunals as it considers appropriate. Mr X could have decided if he wished to appeal the PCN or pay the penalty.
Final decision
- We will not investigate Mr X’s complaint because he had a right to appeal to the TEC.
Investigator's decision on behalf of the Ombudsman