London Borough of Newham (24 021 006)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 30 Mar 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal.
The complaint
- The complainant, Mr X, wants compensation from the Council after he won an appeal at the tribunal regarding a Penalty Charge Notice (PCN).
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. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Mr X. This includes the tribunal decision and the Council’s response to the complaint. I also considered our Assessment Code.
My assessment
- The Council issued Mr X with several PCNs for driving into a prohibited street. Mr X appealed and said he was directed into the street by a diversion sign.
- The tribunal upheld the appeal and cancelled the PCNs. The tribunal said the diversion sign was confusing and contradictory.
- People can appeal to the tribunal if they dispute a PCN. The tribunal can dismiss or uphold the appeal. The tribunal can award costs if it decides either party has acted frivolously, vexatiously or wholly unreasonably. The tribunal did not make a costs award. The law does not say councils must pay compensation when someone makes a successful appeal.
- Mr X wants compensation due to the stress and anxiety arising from the PCNs and for the time spent appealing.
- I cannot start an investigation because Mr X appealed to the tribunal. The law says we cannot investigate any issue that has formed part of an appeal to the tribunal. The tribunal could have awarded costs if it thought either party had behaved unreasonably. In addition, if parliament had intended people to be compensated for making a successful appeal, then this would been included in the regulations – but it is not.
Final decision
- We cannot start an investigation because the complainant appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman