London Borough of Brent (25 021 662)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 01 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a penalty charge notice. This is because it was reasonable for her to use her right of appeal.
The complaint
- Mrs X complains about the Council’s handling of a penalty charge notice (PCN). She says the Council treated her formal representations as an informal challenge and did not respond within the statutory timeframe. She believes this delay means the PCN should have been cancelled.
- Mrs X says she paid the PCN under duress. She says the matter caused her distress and anxiety and she wants the Council to refund the PCN amount.
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 also 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 within London.
How I considered this complaint
- I considered information provided by Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If Mrs X disagreed with the PCN, or believed there were errors in how the Council dealt with it, she could have appealed to London Tribunals. Only London Tribunals can decide whether the PCN was issued correctly and whether any procedural errors mean it should be cancelled.
- I have seen no evidence to suggest it would have been unreasonable for Mrs X to use her right of appeal. The fact that she has paid the PCN, and has now lost her right of appeal, does not mean it was unreasonable for her to appeal at the time. Therefore, I will not investigate this complaint.
Final decision
- We will not investigate Mrs X’s complaint because it would have been reasonable for her to use her right of appeal.
Investigator's decision on behalf of the Ombudsman