London Borough of Hammersmith & Fulham (25 002 607)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 24 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice and the Council’s approach to enforcement. This is because the complainant can appeal to the tribunal about any fine he disagrees with.
The complaint
- The complainant, Mr X, complains about a Penalty Charge Notice (PCN). He also says the Council’s approach to traffic enforcement is too aggressive and the signs are often unclear or inadequate.
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. I also considered our Assessment Code.
My assessment
- Mr X has provided evidence of a PCN he received for parking in a suspended bay. He says there was inadequate signage. The Council rejected his challenge and told him he could pay the fine or appeal to the tribunal.
- Mr X has received several PCNs and says the Council’s approach is increasingly aggressive, based on inadequate signage and a lack of consideration for residents.
- I will not start an investigation because Mr X can appeal to the tribunal about any PCN he disagrees with, and he could have done so with the PCN he has referred to in this complaint. It is reasonable for him to appeal because the tribunal is the appropriate organisation to consider appeals about PCNs. The Council can consider any submission about signage or any other point Mr X thinks demonstrates the Council is being too stringent in terms of traffic enforcement. We cannot tell the Council how to enforce traffic and parking restrictions but Mr X has the right of appeal against any PCN he thinks the Council has issued in error.
Final decision
- We will not investigate this complaint because Mr X can appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman