on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Transport and highways > Parking and other penalties Decision : Closed after initial enquiries Decision date : 17 Mar 2026
The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice because he has the right to appeal to the London Tribunals.
The complaint
Mr X complains the Council did not respond to him when he submitted a representation in his own name and instead communicated with the registered keeper of the vehicle – a hire company. He says he was not aware of the charge notice and he was deprived of his right to approach the London Tribunals.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) 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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a Penalty Charge Notice (PCN) to the registered keeper of the vehicle, a hire company. Mr X sent representations to the Council. When the hire company gave the Council a copy of the hire agreement, it reissued the PCN, outlining how to appeal.
Mr X said he sent representations, but the Council said it did not receive this. It reduced the charge to £80. Mr X paid. The Council told Mr X he can appeal to the London Tribunals.
Parliament has provided a statutory appeal process for motorists to challenge PCNs to parking adjudicators at independent tribunals, in this case, London Tribunals. We are not empowered to do this and are not another level of appeal.
Final decision
We will not investigate Mr X’s complaint because he has a right of appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman