London Borough of Merton (25 023 838)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 23 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.
The complaint
- Mr X complains the Council failed to consider evidence he provided, he says he proved he tried to pay for parking. He says he only found out after receiving a Penalty Charge Notice (PCN) there was a technical issue with the app. Mr X says the Council passed the debt to enforcement agents and they are demanding payment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
- 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 cannot normally investigate a complaint when someone could take the matter to court or use 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 go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaint because it is late. Mr X became aware of the issue in 2024 when the Council rejected his formal representations. We expect a person to complain to us within 12 months of being aware of a matter. Therefore, this complaint is late, and I see no good reason why Mr X could not have complained sooner.
- Even if it was not late, we would not have investigated. This is because if the Council rejects a formal appeal, the motorist can appeal to an independent tribunal called the London Tribunals. The London Tribunals is a free service, and it would have been reasonable for Mr X to have appealed to it.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman