London Borough of Merton (26 003 608)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 25 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge notice as it is reasonable to expect the complainant to have used his right of appeal to an independent tribunal.
The complaint
- The complainant, Mr X, complained about a Penalty Charge Notice (PCN) issued to him for driving in a Low Traffic Neighbourhood (LTN). Mr X says the signs about the LTN were obscured and the Council has cancelled PCNs issued to other motorists in similar circumstances.
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 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not start an investigation into Mr X’s complaint.
- Parliament has provided a process for motorists to challenge PCNs - ultimately to independent adjudicators which in this case would be London Tribunals (LT). Mr X could have used this right to challenge the PCN but instead paid at the discounted rate. We are not an appeal body and cannot say the PCN should be cancelled the way LT can. It is therefore reasonable to expect Mr X to have exercised his right of appeal as it could have given him the outcome he wanted The exclusion at paragraph 3 therefore applies and we will not investigate. That Mr X chose to pay off the PCN rather than appeal does not impact on this decision.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to have used his right of appeal.
Investigator's decision on behalf of the Ombudsman