London Borough of Hillingdon (25 002 220)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 29 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because there is not enough evidence of fault to justify investigating.
The complaint
- Mrs Y complained the Council issues a Penalty Charge Notice (PCN) to her, which she then paid, after which she discovered signage which she feels was incorrectly displayed and insufficient. Mrs Y feels the PCN was therefore wrongly issued in the circumstances and is seeking a refund of the £65 she paid.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Mrs Y now disputes the validity of the PCN the Council issued. She paid the penalty, as she was unfamiliar with the area but has since returned to the same point and found that in her view the signage is inadequate. Mrs Y paid the penalty, of £65, instead of using her right to appeal it to the London Tribunals or to the Council in the first instance.
- If Mrs Y felt that the signage was inadequate to meet the requirements, it is for her as the driver and recipient of any PCN to challenge this through the appeals process, not after a penalty has been paid. It is for her to determine whether she wishes to pay the penalty or proceed with an appeal at the time, not after she has paid.
- In deciding not to appeal and paying the penalty, Mrs Y legally accepted her liability for the penalty and the validity of the PCN itself. As she has accepted its validity, it is unlikely we would now find fault in the Council’s enforcement of the PCN. We will not investigate.
Final decision
- We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman