London Borough of Lambeth (25 005 584)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 16 Jul 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice issued to a blue badge holder. This is because the complainant appealed to the tribunal.
The complaint
- The complainant, Ms X, complains about a Penalty Charge Notice (PCN). She says she was allowed to stop because she has a blue badge and says the Authority has breached the Disability Discrimination Act.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Ms X. I also read the tribunal decision and information about red routes and where blue badge holders cannot park. I also considered our Assessment Code.
My assessment
- The Authority issued a PCN for stopping on a red route, in a loading bay, at a time when restrictions applied.
- The blue badge rules say badge holders cannot usually park in loading bays outside the permitted times.
- The Authority makes provision for blue badge parking on red routes, at specific times and locations, as indicated by signs.
- Ms X appealed to the tribunal. She said the Authority’s response constituted discrimination under the Disability Discrimination Act.
- The tribunal adjudicator dismissed the appeal and directed Ms X to pay the fine. He confirmed there is no exemption for blue badge holders to stop at that location at that time. Ms X sought a review of the tribunal decision but this was refused.
- The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. Ms X appealed to the tribunal against the PCN, and raised a claim of discrimination, which means we have no power to investigate any part of the complaint. This restriction applies even though Ms X continues to dispute the PCN.
Final decision
- We cannot investigate this complaint because Ms X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman