London Borough of Ealing (24 022 933)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 06 May 2025
The Ombudsman's final decision:
Summary: We will use our discretion not to investigate this complaint about a Penalty Charge Notice because the case has been considered in court.
The complaint
- The complainant, Mr X, says he did not commit a moving traffic offence and wants the Council to cancel the 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.
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes letters about the PCN and a copy of the court decision. I also considered our Assessment Code.
My assessment
- The Council sent Mr X a PCN for entering a street at a prohibited time. Mr X did not pay or appeal so the Council issued a Charge Certificate which increased the fine to £195.
- Mr X contacted the Council. He said he had not received the PCN. He also said he entered the road before the time of the restriction. In response, the Council said it was too late to appeal and its records showed it had sent the PCN. The Council gave Mr X another 14 days to pay the fine at the reduced rate of £65. The Council explained that if he did not pay the fine would revert to £195 and the Council may register the debt in court.
- Mr X did not pay and the Council registered the debt in court. Mr X applied to court for a statutory declaration. People can apply for a statutory declaration if they think there has been a procedural irregularity such as not receiving the PCN. If the court grants a statutory declaration the case reverts to an earlier stage and the person can pay or appeal. The court refused Mr X’s application which means the Council can continue with recovery action.
- Mr X disputes the PCN and says he did not commit the alleged offence. But, it is now too late to challenge the fine and it is not our role to say whether a PCN is right or wrong – that is the role of the appeals process and the tribunal. If the court had granted the statutory declaration the Council would have re-issued the PCN and Mr X could have paid £130 or appealed to the tribunal. The court rejected the application and we cannot intervene in any case that has been considered in court.
- We cannot ask the Council to cancel the PCN and we will not comment on the on-going recovery action because the case has been considered in court.
Final decision
- We will use our discretion not to investigate this complaint because the matter has been considered by the court.
Investigator's decision on behalf of the Ombudsman