Summary: The Ombudsman will not investigate Miss X’s complaint about a parking fine as she can appeal against it using the appeal procedure provided in law. The complaint is therefore outside the Ombudsman’s legal remit.

The complaint

1. The complainant, whom I shall call Miss X, complains about a parking fine the Council issued her with.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered what Miss X said in her complaint. I have given Miss X an opportunity to comment on my draft decision.

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What I found

4. Miss X was unable to buy a ticket to park as the ticket machine was not working. The Council issued Miss X with a parking fine.
5. Miss X wants the Council to cancel the fine as she says there was inadequate information advising what to do when the ticket machine is broken.

Assessment

6. The parking fine was issued under the Traffic Management Act 2004. This provides an appeal process for motorists to challenge fines. It is reasonable to expect Miss X to make such an appeal and so the complaint is outside our legal remit.

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Final decision

7. My decision is that the Ombudsman should not investigate this complaint. This is because Miss X can appeal against the fine using the appeal process set out in law. The complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman