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
- 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.
The Ombudsman’s role and powers
- 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).
- London Tribunals considers parking and moving traffic offence appeals for London.
- 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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr X appealed further to the tribunal in 2025 that the Council did not respond to his representations. The tribunal rejected his appeal.
- 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.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman