London Borough of Ealing (24 019 736)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 17 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a parking penalty charge notice as it has been cancelled.
The complaint
- Mr X complains the Council wrongly issued him with a parking penalty charge (PCN) notice as he says the bay where he parked had no markings or signs to say he could not park there. The Council cancelled the PCN after Mr X challenged it, but Mr X remains unhappy as he believes other motorists have been wrongly issued with such PCNs and they should be cancelled also.
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 impact 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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- As the PCN that was issued to Mr X has been cancelled, from our perspective, there is insufficient remaining injustice caused to him personally to warrant our further involvement.
- I recognise Mr X’s broader concerns, but Parliament has provided an appeal process for the challenge of PCNs and we would expect anyone wishing to do so to follow the appeal process set out in law. We will not therefore investigate this aspect of the complaint.
Final decision
- We will not investigate Mr X’s complaint because his PCN has been cancelled and anyone else issued with one can challenge it via the statutory appeals process.
Investigator's decision on behalf of the Ombudsman