The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council issuing a parking penalty in 2020 at a high charging zone level.
The complaint
Mr X complained about the Council issuing a parking penalty notice (PCN) to his son in 2020 which he says was issued at a higher banding than the zone is indicated on parking maps provided by the London Councils authority. He believes the Council has extended the higher charge zone without proper authority and that drivers may have been systematically overcharged.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his son received a parking penalty in 2020 for parking on the pavement. He paid the penalty but Mr X says he was charged at the higher zone charge for Zone A when he noted that a parking map provided by London Council’s authority showed the street to be in Zone B.
Mr X queried the charging and zoning and was dissatisfied with the Council’s response that the zone had been extended by the Council in the past and that the map had not been updated. He felt that the Council had not explained which body was responsible for the boundaries of the zones, even though it was clear that the London Councils authority was responsible for the level of charges.
PCN’s issued by London council authorities carry a right of appeal to the London Tribunals which is the body responsible for considering parking penalty challenges. One of the grounds concerns the amount being charged by the issuing authority. This means that Mr X’s son or any other motorist could challenge the zoning charge with the Tribunals if they believed the wrong charge Zone had been applied.
We will not exercise discretion to consider this now because there is no evidence to suggest that Mr X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council issuing a parking penalty in 2020 at a high charging zone level.
Investigator's decision on behalf of the Ombudsman