The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council refused to cancel a parking penalty notice. The Council considered the representation. Ms X had a right of appeal to the parking adjudicator which it was reasonable for her to use if she wanted to pursue the matter.
The complaint
Ms X complains the Council refused to cancel a parking fine issued for parking in an area where there was a temporary restriction due to when a company doing works on the street. Ms X says the work was completed and equipment removed but the Council had not removed the restriction signs because it says it was not notified. Ms X says she paid the penalty but with the cost of living pressures the extra cost caused anxiety. She wants the Council to refund the fine.
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. I have considered the Council’s reply to her complaint.
My assessment
I will not investigate for the following reasons: The law says we should not normally investigate a complaint when there is a right of appeal (see paragraph 2 and 3). London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
The Council rejected Ms X’s representation and I understand no special circumstances were claimed. I consider it reasonable for Ms X to have used her right of appeal to the Tribunal if she wanted to challenge the penalty notice. The Tribunal has the power to quash the penalty notice.
The Council’s complaint reply refers to a fixed penalty notice. In that situation where a penalty is not paid a person can defend themselves at court if the Council prosecutes. In either scenario I will not investigate.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council refused to cancel a parking penalty notice. The Council considered the representation. Ms X had a right of appeal to the parking adjudicator which it was reasonable for her to use if she wanted to pursue the matter.
Investigator's decision on behalf of the Ombudsman