London Borough of Enfield (22 010 514)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 03 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about a Penalty Charge Notice. This is because it is reasonable for Mrs X to appeal to London Tribunals.
The complaint
- Mrs X complains that the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mrs X says she was waiting in her car for a van to finish unloading. She says she is ill and feels like the Council has treated her like a criminal. Mrs X would like the Council to cancel the PCN and provide training to the parking warden.
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 (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Parliament has laid down a detailed process allowing individuals the right to challenge receiving PCNs from the Council.
- Mrs X may make formal representations to the Council by waiting to receive a Notice to Owner. If the Council rejects Mrs X’s formal representations, she may put in an appeal to London Tribunals to challenge the PCN.
- I find it is reasonable for Mrs X to use this process to challenge the PCN. The tribunal is in the best position to decide if the PCN was correctly issued. It is not our role to provide an alternative right of appeal. So, I will not investigate this complaint.
Final decision
- I will not investigate Mrs X’s complaint because it is reasonable for her to appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman