The Ombudsman's final decision
Summary: We will not investigate this complaint about information provided by the Tribunal. This is because there is insufficient evidence of fault.
The complaint
The complainant, who I will call Mr X, complains about information provided by the Tribunal prior to a hearing to consider an appeal against a Parking Charge Notice (PCN). Mr X also complains that the Tribunal failed to inform him who it answers to when he contacted it.
The Ombudsman’s role and powers
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X appealed a PCN on behalf of his daughter. Records show that during proceedings Mr X tried to raise concerns about the traffic scheme in which the PCN was received but was told by the Adjudicator that this is not the purpose of the Tribunal. Mr X did raise other reasons for his appeal, which the Adjudicator considered before refusing Mr X’s appeal.
I cannot investigate the Adjudicators decision to refuse Mr X’s appeal, or anything directly related to the appeal This is because these matters fall outside of the Ombudsman’s jurisdiction.
I will not investigate Mr X’s complaint that the Tribunal’s website contains insufficient information about its role, which Mr X says caused him to waste time and travel costs. Now till I investigate that the Tribunal refused to tell Mr X who it answered to. The information on the Tribunal’s website correctly stated that its role is to consider appeals against PCN’s and the Tribunal correctly told Mr X that the only way to challenge its decisions is via a Judicial Review. For this reason, it is unlikely we would find fault with the Tribunal. Any complaints about traffic schemes should be directed to the Local Authority responsible.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman