The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalties. This is because the courts are better placed to consider this complaint.
The complaint
Mr Y complains the Council failed to properly sign parking restrictions and wrongly issued a ticket to his vehicle. He also complains that the Council has now told him he has exhausted the appeals process.
Mr Y says he has found the experience stressful and is seeking the cancellation of the Notice and a better sign in the car park.
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 Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y provided, information on the Council’s website and the Ombudsman’s Assessment Code.
My assessment
Mr Y parked in the Council’s car park in spring 2022. The Council says Mr Y’s vehicle was left parked outside the marked bays. It therefore issued him with a Notice to Pay (NtP) for £80. Mr Y appealed the Notice to Pay, on the grounds that the signage within the car park did not clearly show that this was one of the requirements of parking. The Council refused this however, explaining that this was referred to within the terms and conditions in smaller print on the signage at the car park and available for drivers on the Council’s website. It explained after the stage two appeal in April with the Council that Mr Y had exhausted the appeals process. Mr Y then approached us in April 2022.
Analysis The Council has issued the NtP using powers from the Road Traffic Regulation Act 1984. Mr Y has appealed the NtP with the Council and the Council has refused these appeals. It is now Mr Y’s choice to either pay the NtP or wait for enforcement action.
Under the Order the Council has made to provide and charge the parking Mr Y used, failing to comply with the Order is a criminal offence. If he chooses not to pay, the Council may then enforce the notice in court. Mr Y can then present his argument about the signage to the court for consideration. However, as any such enforcement action would decide whether Mr Y has committed a criminal offence, the courts, rather than the Ombudsman who cannot decide whether an offence has been committed or not, are better placed to consider Mr Y’s complaint. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman