The Ombudsman's final decision
Summary: We will not investigate this complaint about parking penalty charge notices as there is a statutory appeal process the complainant can use and we cannot achieve the outcome she seeks.
The complaint
Mrs X complains about parking penalty charge notices (PCNs) the Council issued to her. Mrs X has a residents parking permit but says when she returns home late in the evening, she cannot find a permit space to park. Mrs X wants the Council to cancel the PCNs.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal mechanism by which Mrs X can challenge the PCNs, ultimately to an independent parking adjudicator at the Traffic Penalty Tribunal (TPT). The TPT can ask the Council to reconsider its decision on the PCNs if it decides there are compelling reasons to do so.
We are not another level of appeal and are not empowered to ask the Council to cancel the PCNs.
As there is an appeal process Mrs X can use and as we cannot achieve the outcome she seeks, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because she can appeal to the TPT, and we cannot achieve the outcome she seeks.
Investigator's decision on behalf of the Ombudsman