London Borough of Sutton (24 011 563)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 28 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about @.
The complaint
- The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He disputes the PCN and wants the Council to refund his payment for it and pay him compensation.
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 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 Mr X and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate this complaint. If Mr X had wanted to challenge the PCN it would have been reasonable for him to appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman