The Ombudsman's final decision
Summary: We cannot investigate this complaint about a parking penalty charge notice as Mr X appealed to the independent tribunal and the matter is therefore no longer within our remit.
The complaint
Mr X complains the Council hid video evidence which showed he had not committed a parking contravention. Mr X complains that having to prove his innocence has caused him emotional stress and sleepless nights. Mr X says despite the Council knowing the parking penalty charge notice (PCN) was based on a lie, he was forced to take his case to the independent tribunal.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X appealed against the PCN to an independent adjudicator at the Traffic Penalty Tribunal (TPT). The TPT upheld Mr X’s appeal, cancelling the PCN, saying the contravention did not occur.
I recognise Mr X remains unhappy about the Council’s actions but as per paragraph three, as he appealed to the TPT about the PCN we no longer have any remit to investigate.
Final decision
We cannot investigate Mr X’s complaint because it is no longer within our legal remit.
Investigator's decision on behalf of the Ombudsman