The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council issuing a parking penalty charge notice. It was reasonable for Mr X to appeal the penalty to an adjudicator at the London Tribunals which is the proper authority to consider parking penalty challenges.
The complaint
Mr X complained about receiving a notice through the post for a parking penalty at the full charge. He says he never saw a penalty notice on his car windscreen when it was issued and so he did not have an opportunity to pay at the discounted price, which is time limited. He says his appeal was ignored because he did not dispute the offence but only not having an opportunity to pay earlier.
The Ombudsman’s role and powers
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered the information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was unaware that he had incurred a parking penalty until he received a notification through the post. As a result, he says he did not have an opportunity to pay the discounted price for the penalty instead of the full charge in the notification. He appealed the penalty but he says his appeal about not receiving the initial notice on his vehicle was ignored.
Penalties issued under the 2004 Traffic Management Act carry a right of appeal to an adjudicator at the London Tribunals in the case of London locations. The Council’s website carries details of how someone can obtain an image of the penalty notice fixed to their windscreen or from a traffic control camera. Mr X could have accessed this information and decided if he should include it in his appeal.
Mr X paid the penalty at the full charge following his unsuccessful appeal. The Council has not accepted his claim that the original notice was not attached to his car. It was reasonable for Mr X to challenge the Council’s penalty by appealing.
Final decision
We will not investigate this complaint about the Council issuing a parking penalty charge notice. It was reasonable for Mr X to appeal the penalty to an adjudicator at the London Tribunals which is the proper authority to consider parking penalty challenges.
Investigator's decision on behalf of the Ombudsman