Summary: The Ombudsman cannot investigate this complaint about the Council’s actions relating to parking penalty charge notices it issued. The complainant has sought a remedy in court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained bailiffs acting for the Council are seeking to recover money from him for unpaid parking penalty charge notices. He says this has gone on for years and is affecting his physical and mental wellbeing.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. We cannot investigate if someone has appealed or sought a remedy a court; we have no discretion in this. The courts have decided this applies even if the appeal or court action could not provide a remedy or al the claimed injustice.

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How I considered this complaint

6. I have considered what Mr B has said in his complained and background information provided by the Council.

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What I found

7. Mr B has received many penalty charge notices for parking contraventions over several years. He is aware he has a statutory right of appeal against these and has unsuccessfully exercised that right on occasion. Mr B is also aware from a previous complaint that we cannot consider a complaint about the penalty charge notices themselves.
8. In March 2018 Mr B made a claim to the courts for compensation for the same issues he has now raised with us.

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Final decision

9. We cannot investigate his complaint because Mr B has sought a remedy in court.

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Investigator's decision on behalf of the Ombudsman