London Borough of Islington (25 015 373)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 07 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice he received for an alleged moving traffic contravention. This is because it is too early to consider the issue Mr B complains about.
The complaint
- Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged moving traffic contravention. Mr B says his driver did not want to drive up this road but they were advised to do this by a Council officer who was marshalling traffic. Mr B says the officer said the cameras enforcing the traffic restriction were turned off because it was a match day. Mr B would like the Council to cancel this PCN.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully.
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- This PCN is relatively recent and Mr B has put in representations to the Council to challenge it. This is the process set out in law for a motorist to challenge a PCN. It will be for the Council to decide whether there are mitigating circumstances which justify cancelling this PCN.
- We would normally expect a motorist to put in an appeal to London Tribunals if their representations are rejected. But, for this type of PCN (a moving traffic contravention in Greater London) a motorist may not appeal to the Tribunal on the basis of mitigating circumstances.
- So, if the Council rejects Mr B’s representations, he may complain to us if he considers the Council has not considered his representations properly. But, at the moment, it is too early for us to consider this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is too early to consider the issue complained about.
Investigator's decision on behalf of the Ombudsman