London Borough of Newham (24 022 384)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 31 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage to Mr X's car as this is a matter for the courts. Mr X can appeal to the independent tribunal about the penalty charge notice aspect of his complaint.
The complaint
- Mr X complains the Council damaged his car when it towed it away after issuing it with a penalty charge notice (PCN). Mr X seeks compensation for the damage and for the emotional impact this had on him.
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)
- 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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- There is an appeal process provided in law by which Mr X can challenge the PCN issued to him. It is reasonable to expect Mr X to follow this process and we will not therefore investigate. We are not another level of appeal and cannot assess whether the PCN should stand or not.
- Only a court can decide if an organisation has been negligent and so should pay damages. We are not empowered to do so. It is reasonable therefore to expect Mr X to seek a remedy in the courts, directly or through his insurers and so we will not investigate this aspect of his complaint.
Final decision
- We will not investigate Mr X’s complaint because it can be addressed via an appeal and in court.
Investigator's decision on behalf of the Ombudsman