The Ombudsman's final decision
Summary: We cannot investigate this complaint about a parking penalty charge notice as since Mr X appealed against it to the independent tribunal, the matter is no longer within our legal remit.
The complaint
Mr X complains the Council wrongly issued him with a parking penalty charge notice (PCN) and incorrectly upheld it, despite its own contradictory evidence and his challenges against it. Mr X won his appeal against the PCN at the Traffic Penalty Tribunal (TPT) and now seeks an apology, a financial payment in recognition of the stress and time and trouble he was put to and for the Council’s processes to be changed.
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
We cannot investigate the Council’s handling of the PCN. As per paragraph three, this matter is no longer within our remit as Mr X appealed it to the TPT.
The TPT was able to make a costs award if the adjudicator determined that the enforcing authority acted wholly unreasonably in its approach to the case.
Final decision
We cannot investigate Mr X’s complaint because it is no longer within our remit since Mr X appealed the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman