London Borough of Havering (25 003 187)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 21 May 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss B’s complaint that she was wrongly issued with a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Miss B to put in an appeal to London Tribunals.
The complaint
- Miss B complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention.
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 Act 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 Miss B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has rejected Miss B’s informal representations in response to this PCN. As advised by the Council, if Miss B has not already paid this PCN, she may now pursue this matter by waiting for the Council to send her a Notice to Owner and then putting in formal representations. If the Council rejects Miss B’s formal representations, she may put in an appeal to London Tribunals.
- This is the statutory process for challenging a PCN and we generally expect it to be used. The Tribunal is independent and has the power to cancel a PCN. Also, the process is free and relatively straightforward.
- I find it is reasonable for Miss B to put in an appeal to London Tribunals. So, we will not investigate this complaint.
Final decision
- We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman