London Borough of Sutton (25 011 102)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 20 Nov 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Penalty Charge Notice (parking ticket). This is because the complaint is late and Mr X has used his right of appeal.

The complaint

  1. Mr X complains the Council did not properly consider his complaint in May 2025 about a parking ticket (PCN) it issued in 2024. He says he appealed but the Council did not pass on his appeal. This led to the Council increasing the charge and seeking recovery of it. He wants the Council to reduce the charge.

Back to top

The Ombudsman’s role and powers

  1. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
  2. London Tribunals considers parking and moving traffic offence appeals for London.
  3. 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).

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. The Council issued a PCN in February 2024. Mr X said he had not received this until April 2024. He appealed to the London Tribunals that the Council did not respond to his representations. The tribunal refused his appeal.
  2. Mr X appealed further to the tribunal in 2025 that the Council did not respond to his representations. The tribunal rejected his appeal.
  3. Mr X’s complaint is late as he was aware of the matter from April 2024. He did not complain to the Ombudsman until August 2025. I do not consider there are good reasons for the complaint being late.
  4. Even if I were to use the Ombudsman’s discretion to investigate the late complaint, we cannot investigate Mr X’s complaint that the Council failed to respond to his representations. This is because he used his right of appeal and the tribunal considered it. We have no discretion to investigate.

Back to top

Final decision

  1. We will not investigate Mr X’s complaint because it is late. In addition he has used his right of appeal, so we cannot investigate it.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings