London Borough of Southwark (24 018 652)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 28 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms B’s complaint that the Council wrongly issued her with a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Ms B to put in an appeal to London Tribunals.
The complaint
- Ms B complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for a parking contravention. Ms B says the signage in this location was not clear and she paid for parking in good faith.
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 Act 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.
How I considered this complaint
- I considered information provided by Ms B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- There is a process set out in law for a motorist to formally challenge a PCN. This involves the motorist putting in formal representations to the local authority, and if needed, putting in an appeal to London Tribunals (for authorities in London). We generally expect this process to be used. The tribunal is independent and has the power to cancel a PCN.
- The Council has considered Ms B’s informal representations against this PCN. If Ms B wants to challenge this PCN further she may wait to receive a Notice to Owner before putting in formal representations to the Council.
- If the Council rejects Ms B’s formal representations, she may put in an appeal to London Tribunals. I find it is reasonable for Ms B to use this process to challenge this PCN.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Ms B’s complaint because it is reasonable for her to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman