The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s handling of her challenge to a parking penalty charge notice. We cannot lawfully investigate because Ms X had a right of appeal to a tribunal which it was reasonable for her to use. We cannot achieve the outcome Ms X wants and it would not be a good use of limited public resources to investigate.
The complaint
Ms X complains the Council issued a penalty charge notice when she parked for a few minutes in a car park. Ms X says it was dark and the signs were not easily seen and she did not realise she could not park there. Ms X says the Council rejected her representation. She paid the discounted fine of £35 but she thought, following the Council’s comments, she could appeal or challenge again after she had paid. Ms X says the Council has caused distress and she feels unfairly treated.
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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Ms X’s information and comments. The information includes the Council’s rejection of her representation against the penalty charge notice.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction because there was a right of appeal to a tribunal (see paragraph 2 and 3 above). The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
I consider it reasonable for Ms X to have used her right of appeal if she wanted to challenge the penalty charge notice. The Tribunal has the power to consider an appeal that signs did not adequately tell a driver of the restriction. The information on a penalty charge notice and the Council’s reply refusing the representation means Mrs X should have understood the position.
I do not consider the Ombudsman can achieve the outcome which Ms X wants. We do not have the power to quash the fine. I also do not consider in the circumstances it would be a good use of limited public resources to investigate.
Final decision
The Ombudsman will not investigate Ms X’s complaint about the Council’s handling of her challenge to a parking penalty charge notice. We cannot lawfully investigate because Ms X had a right of appeal to a tribunal which it was reasonable for her to use. We cannot achieve the outcome Ms X wants and it would not be a good use of limited public resources to investigate.
Investigator's decision on behalf of the Ombudsman