London Borough of Merton (25 014 995)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 16 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s parking payment system. The complaint is late and it would have been reasonable for Mr X to complain to us sooner.
The complaint
- Mr X complains the Council’s parking payment system does not allow parking payments to be transferred from one carpark to another. Mr X also complains about poor complaint handling.
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)
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X contacted the Council in 2024 and asked them to review their parking payment system. He explained drivers are required to pay for a new parking session even if they have an outstanding session at another carpark. He said he would like parking sessions to be transferable between carparks.
- We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X made a complaint to the Council in May 2024 but did not complain to the Ombudsman until October 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
- Even if we were to exercise discretion to consider the late complaint, we would not investigate. The fact Mr X disagrees with the payment system is not evidence of fault.
- We will also not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.
Final decision
- We will not investigate Mr X’s complaint. The complaint is late and it would have been reasonable for Mr X to complain to us sooner.
Investigator's decision on behalf of the Ombudsman