Westminster City Council (25 005 145)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 27 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice for stopping in a box junction. This is because the complainant could have appealed to the tribunal.
The complaint
- The complainant, Mr X, disputes a Penalty Charge Notice (PCN) for stopping in a box junction. He wants the Council to refund the £80 he paid for the fine.
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 and the Council. This includes the letters about the PCN. I also considered our Assessment Code.
My assessment
- The Council issued Mr X with a PCN for stopping in a box junction.
- Mr X challenged the PCN and explained the circumstances which led to him stopping in the box junction.
- The Council considered his challenge, including his reasons for entering the box junction, but decided not to cancel the PCN. The Council told Mr X he could pay the PCN or appeal to the tribunal.
- Mr X did not appeal but paid the fine. He continues to dispute the fine and wants a refund.
- I will not start an investigation because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to have used his appeal rights because the tribunal is the correct organisation to consider disputes about PCNs. The tribunal would have considered whether Mr X committed a moving traffic offence and whether there were good reasons for the Council to cancel the fine. The tribunal is free to use and the Council told Mr X about his appeal rights.
- We are not an appeal body and we cannot tell the Council to make a refund to Mr X.
Final decision
- We will not investigate this complaint because Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman