London Borough of Merton (25 008 581)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 23 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about a Penalty Charge Notice. This is because she could have followed the statutory process and appealed to a tribunal. It is reasonable to expect Miss X to have followed this process.
The complaint
- Miss X complains about the Council’s handling of a Penalty Charge Notice (PCN) that it issued for driving on a road with an entry restriction. She says that she did not receive the original PCN, meaning she was denied the chance to appeal or pay the charge at the reduced rate of £65.
- Miss X complains her appeal to the Council was rejected, despite explaining she had not received the original PCN and the signage at the road was unclear. She says the PCN has increased to £195 and the Council has threatened her with enforcement action.
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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- After receiving the PCN, Miss X made representations to the Council. The Council rejected Miss X’s representations.
- Based on the evidence I have seen, Miss X has not appealed to the London Tribunals. We would expect Miss X to use this statutory route to challenge the PCN. Miss X’s complaint about the increase in the PCN overlaps with the dispute about the validity of the PCN, which the London Tribunals has the power to consider. We will not investigate this complaint because, where a right of appeal to a tribunal or court exists, we would normally expect it to be used.
Final decision
- We will not investigate Miss X’s complaint about a Penalty Charge Notice. This is because she could have followed the statutory process and appealed to a tribunal. It is reasonable to expect Miss X to have followed this process.
Investigator's decision on behalf of the Ombudsman