The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of her parking permit application. This is because the injustice she claims lies in a penalty charge notice issued by the Council and if she believes it should be cancelled it would be reasonable for her to appeal to the Traffic Penalty Tribunal.
The complaint
The complainant, Miss X, complains about the Council’s handling of her application for a resident parking permit. She says that as a result she received a penalty charge notice (PCN) for parking without a valid permit.
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) The Traffic Penalty Tribunal (TPT) considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
The main issue in this case is whether Miss X’s concerns about the handling of her parking permit application provide sufficient mitigation to warrant the cancellation of the PCN she has received and this is a matter for the TPT to decide. We therefore consider it would be reasonable for Miss X to make her argument to the TPT as part of her appeal against the PCN. If the TPT agrees with her argument it may recommend the Council reconsiders the matter and cancels the PCN.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Miss X to appeal.
Investigator's decision on behalf of the Ombudsman