London Borough of Lewisham (24 010 585)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 10 Oct 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Miss Y has already started court action about the matter.
The complaint
- Miss Y complained the Council has wrongly pursued her for a PCN it issued to her after her vehicle was cloned.
- Miss Y says this has caused her worry and distress.
The Ombudsman’s role and powers
- 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 Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- The Council issued a PCN to Miss Y in December 2023. Miss Y later completed a statutory declaration to the Traffic Enforcement Centre, based at Northampton County Court. As she has already started court action, even if this has been refused, we cannot by law investigate her complaint. Therefore, we will not investigate.
Final decision
- We will not investigate Miss Y’s complaint because Miss Y has already started court action about the matter.
Investigator's decision on behalf of the Ombudsman