The Ombudsman's final decision
Summary: Mrs A disputes the validity of a fixed penalty notice parking charge. The Ombudsman has discontinued the investigation because the courts are better placed to consider this matter.
The complaint
The complainant (whom I refer to as Mrs A) disputes the validity of a fixed penalty notice issued to her by the Council for a parking contravention in 2021.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I have examined the information provided by Mrs A.
I shared my draft decision with both parties.
What I found
Mrs A disputes the validity of the Council’s parking enforcement in respect of a fixed penalty notice (parking charge) she received in 2021. Fixed penalty notices are notification of a criminal, rather than civil, offence. This means Mrs A has the right to contest the penalty in court. The Ombudsman considers the courts to be the best placed body to consider this type of case and so we will not pursue the matter further.
Final decision
I have discontinued the investigation.
Investigator's decision on behalf of the Ombudsman