The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint enforcement agents wrongfully clamped his car. This is because Mr X had a right of appeal to the London Tribunals, and he had no good reason not to exercise this right of appeal.
The complaint
Mr X complained the Council repeatedly contacted him regarding a penalty charge notice (PCN) it issued in November 2023. He said despite informing the Council the matter was under review by the Ombudsman, its enforcement agents proceeded to clamp his car.
Mr X said the enforcement actions caused avoidable distress and prevented him from carrying out his planned weekend activities.
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 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 information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
In November 2023 the Council issued Mr X a PCN. If Mr X disagreed with the nature of the PCN, he had a right to appeal to the London Tribunals. The PCN remained unpaid, and the Council escalated the debt with the Traffic Enforcement Centre (TEC). In October 2024 the Council’s enforcement agents clamped Mr X’s car.
We will not investigate Mr X’s complaint as he had a right of appeal to the London Tribunals, and there was no good reason for him not to exercise this right.
Final decision
We will not investigate Mr X’s complaint because Mr X had a right of appeal to the London Tribunals, and he had no good reason not to exercise his right of appeal.
Investigator's decision on behalf of the Ombudsman