London Borough of Southwark (24 008 970)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 30 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Penalty Charge Notices. It was reasonable for Ms X to use her statutory right of appeal to a tribunal.
The complaint
- Ms X complained about Penalty Charge Notices (PCNs) she says the Council issued in error, and subsequent enforcement action. She said the matter caused distress, a financial impact and inconvenience. She wanted the Council to cancel the PCNs, cease enforcement action, correct its records and make service improvements.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference, or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s parking permit expired in early 2024. She tried to renew her permit on two occasions and provided evidence the Council requested. While waiting for the Council to process her permit renewal, she received a number of PCNs.
- The Council waived some of the PCNs, but told Ms X it was her responsibility to renew her parking permit and she was therefore responsible for the remaining PCNs. The Council acknowledged delays in its response during the complaints procedure and offered Ms X £50.00 to recognise the impact this had on her.
- London Tribunals deal with PCN appeals within London. It was reasonable for
Ms X to use her statutory right to appeal. The process is free, relatively informal and simple to use, and the decision is legally binding on both parties. We cannot cancel a PCN like the tribunal can. - The Council cancelled some of the PCNs, but others remained unpaid and unchallenged. The Council therefore progressed to enforcement action, in line with the statutory process.
Final decision
- We will not investigate Ms X’s complaint because it was reasonable for her to appeal the PCNs to London Tribunals.
Investigator's decision on behalf of the Ombudsman