The Ombudsman's final decision
Summary: We cannot investigate this complaint about penalty charge notices as Ms X appealed against them to London Tribunals. Ms X’s complaint about a refund for a parking permit is made late to us and there are not good reasons to investigate now.
The complaint
Ms X complains about two penalty charge notices (PCNs) the Council issued to her for parking without a valid permit. Ms X also complains the Council has refused to refund money she paid for a permit she was unable to use due to Covid-19 lockdowns.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We cannot investigate a complaint if someone has appealed to a tribunal. (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.
I sent my draft decision on the complaint to Ms X and have considered any comments she made in response before reaching this final decision.
My assessment
Ms X complained to London Tribunals against the PCNs. As per paragraph three, this means we now have no legal remit to investigate Ms X’s complaint about the PCNs.
Ms X’s complaint about the permit refund is made late to us as, as per paragraph two, as Ms X knew about the Council’s refusal to make a refund in mid 2020. It is reasonable to expect Ms X to have complained to us about this within 12 months of knowing about the problem and as such, I do not consider there are good reason to investigate now.
Final decision
My decision is we cannot/should not investigate this complaint. Ms X’s complaint about the PCNs is no longer within our remit as she used her right of appeal to a tribunal about these. Ms X’s complaint about a permit refund is made late and there are not good reasons to investigate now.
Investigator's decision on behalf of the Ombudsman