The Ombudsman's final decision
Summary: We cannot investigate this complaint about a parking penalty charge notice. This is because Ms X has appealed against it to the Traffic Penalty Tribunal and the matter is therefore no longer within our remit.
The complaint
Ms X complains the Council unfairly and disproportionately issued her with a parking penalty charge notice (PCN) for not having paid to park. Ms X says she did pay to park but made a one-character error when she input her vehicle registration into the parking app. Ms X wants the PCN to be cancelled.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has appealed the PCN to the Traffic Penalty Tribunal (TPT). As per paragraph three, we can no longer investigate.
Final decision
We cannot investigate Ms X’s complaint because it is outside our remit as Ms X has appealed to the TPT about it.
Investigator's decision on behalf of the Ombudsman