The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking fine. This is because the complainant has already used their right of appeal to a court, so we have no remit to investigate.
The complaint
Mr X complains about the being issued with a Penalty Charge Notice (PCN) and, in particular, the parking warden’s disregard of the ‘10 minute period of grace rule’.
The Ombudsman’s role and powers
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information Mr. X provided and the Ombudsman’s Assessment Code.
My assessment
Mr X has already submitted a statutory declaration to the Traffic Enforcement Centre (TEC). If the TEC accepts Mr X’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr X’s right of appeal against it to the Council or to the London Tribunals as it considers appropriate. Mr X can then decide if he wishes to appeal the PCN or pay the penalty.
Final decision
We will not investigate Mr X’s complaint because he has used his right to appeal to the TEC.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman