London Borough of Croydon (22 017 737)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 27 Mar 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the case has been considered by the tribunal and the complainant has filed a witness statement with the court.
The complaint
- The complainant, whom I refer to as Ms X, complains about a Penalty Charge Notice (PCN) which is now being enforced by bailiffs. Ms X wants the Council to cancel or reduce the fine. She also wants the Council to recall the case from the bailiffs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
- London Tribunals considers parking and moving traffic offence appeals for London.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Ms X. I also considered the tribunal decision and our Assessment Code.
My assessment
- The Council issued a PCN in 2021 for parking beyond the time for which Ms X had paid for parking.
- In September 2022 the tribunal directed Ms X to pay the full fine within 28 days. Ms X did not pay so the Council instructed bailiffs in January. Bailiffs charge fees so the amount Ms X is being asked to pay has increased.
- In March Ms X submitted a witness statement to the court.
- I cannot investigate the complaint because the matter has been considered by the tribunal. The tribunal directed Ms X to pay the full fine and we cannot intervene in that process or decision. Ms X did not pay the fine as directed so the Council passed the debt to bailiffs. The law allows councils to instruct bailiffs for unpaid parking fines.
- I also cannot investigate the complaint because Ms X has applied to the court for a witness statement. The court will decide whether there are grounds to intervene.
Final decision
- We cannot investigate this complaint because the case has been considered by the tribunal and because Ms X has applied for a witness statement.
Investigator's decision on behalf of the Ombudsman