London Borough of Redbridge (23 005 705)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 16 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a penalty charge notice. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre and use his right of appeal.
The complaint
- Mr X complained that the Council would not cancel a penalty charge notice (PCN) he says it issued unfairly.
- Mr X complaint this has caused him inconvenience.
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 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 provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- When a council issues a PCN, the motorist must either pay the charge within 28 days or submit an appeal. The motorist can informally challenge the PCN and if the Council does not accept the challenge it must write to the motorist and explain why. Failure to pay or challenge the PCN will result in the Council issuing a charge certificate before applying to the Traffic Enforcement Centre to register the debt.
- The Council issued Mr X a PCN for a parking contravention in November 2022. Mr X challenged the PCN and the Council rejected Mr X’s appeal. Mr X complained to the Council about its decision and the Council explained that the PCN had been issued in line with the correct process and remained payable.
- Mr X remains unhappy with the Council’s decision and wants us to find it at fault. The Ombudsman is not an appeal body and it is not our role to determine disputed points of law. If Mr X remains unhappy to pay the PCN it would be reasonable for him to appeal it at the TEC.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre and use his right of appeal.
Investigator's decision on behalf of the Ombudsman