London Borough of Newham (25 026 356)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 10 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a penalty charge notice. This is because the Council has agreed to cancel the penalty charge notice and refund Mr X’s payment and it is unlikely further investigation would achieve significantly more for Mr X.
The complaint
- Mr X complains the Council issued him two penalty charge notices (PCNs) for the same parking contravention on the same day. He says he paid one and challenged the other, but the Council rejected his challenge and escalated the case to enforcement agents (bailiffs).
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. We do not start an investigation if we decide the tests set out in our Assessment
- Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council acknowledges Mr X’s challenge but says Mr X claimed to have paid the PCN, which he had not. It says it asked Mr X for evidence of his payment but did not receive a response. It therefore escalated the case in accordance with the statutory process.
- In response to our enquiries the Council reviewed its records and accepts it should not have issued Mr X two PCNs so close together. It has therefore agreed to cancel the escalated PCN and refund Mr X’s payment. The Council should contact Mr X within two weeks to request his bank details and will refund Mr X the £250 it received within four weeks of receiving them. Its bailiffs will refund their £75 fee to Mr X directly; the Council should ensure it completes the refund within the same timescales.
Final decision
- We will not investigate this complaint. This is because the Council’s agreement to cancel the PCN and refund Mr X’s payment provides a suitable remedy for the complaint and it is therefore unlikely further investigation would achieve significantly more for Mr X.
Investigator's decision on behalf of the Ombudsman