London Borough of Newham (25 025 008)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 18 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. It would be reasonable to expect Mr X to use the statutory representations and appeals procedure.
The complaint
- Mr X received two Penalty Charge Notices (PCNs) when he says he unintentionally entered and left a restricted zone in an unfamiliar area, because he was rushing to help a friend. He asked the Council to reconsider the penalties given the circumstances.
- The Council rejected Mr X’s representations, stating that the restriction was clearly signed and legally enforced, and that unfamiliarity or urgency does not justify cancelling the PCNs. Mr X believes this decision is unfair and argues the Council should at least cancel one of the PCNs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from councils to pursue payment of unpaid PCNs and from motorists to challenge councils’ pursuit of unpaid PCNs.
- The law 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 for London, and the Traffic Penalty Tribunal for the rest of England.
How I considered this complaint
- I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate this complaint because it would be reasonable for Mr X To use the representations and appeals procedure with the TEC and then the London Tribunals.
Investigator's decision on behalf of the Ombudsman