London Borough of Lewisham (21 017 135)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 29 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s issuing of a Penalty Charge Notice to Ms X for a parking violation. This is because Ms X has appealed to London Tribunals and so the complaint falls outside our jurisdiction.

The complaint

  1. The complainant, who I refer to as Ms X, complains about the Council’s actions in issuing her with a PCN for a parking violation which led to her car being clamped.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
  3. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

  1. I considered information provided by Ms X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate Ms X’s complaint because she has appealed to London Tribunals and so the complaint falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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