The Ombudsman's final decision
Summary: We cannot investigate this complaint alleging the Council misrepresented the complainant to the Parking Adjudicator. This is because he has already used his legal right to appeal and we have no remit to intervene now.
The complaint
Mr X appealed to the Parking Tribunal. The Parking Adjudicator agreed with the Council that the parking fine had been correctly issued. Mr X complains about the Council pursuing him in an ‘overzealous’ manner and accusing him of ‘misrepresentation’ during his appeal.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 Mr X provided and the Ombudsman’s Assessment Code.
My assessment
Parliament has laid down a detailed process allowing individuals the right to challenge parking tickets from the Council.
Mr X appealed to the Parking Adjudicator who agreed with the Council’s actions. There is no option under the parking appeals process to appeal and complain to the Ombudsman. So, we cannot investigate.
Final decision
We cannot investigate Mr X’s complaint because he has used his right to appeal to the Parking Tribunal.
Investigator's decision on behalf of the Ombudsman