Summary: Ms X complained about the Council including part of her private road within parking regulations of a controlled parking zone. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the traffic regulation order was approved in 1987 which is outside the normal 12-month period for receiving complaints. Ms X received a parking penalty and it was reasonable for her to appeal this to the Traffic penalty tribunal which is the proper body to consider parking penalties.

The complaint

1. Ms X says that she received a parking penalty in 2019 on the private road where she lives. She paid the penalty and complained to the Council that the restricted parking zone should not include her road. She wants the Council to refund the penalty charge and to remove her road from the controlled zone.

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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)
3. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

4. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. Ms X has commented on a copy of my draft decision.

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What I found

5. The Council told her that the traffic regulation order confirming the zone was implemented in 1987 and that residents had an opportunity to object to it at the time. She says her neighbour was unaware of any consultation otherwise she would have objected in 1987. Ms X was not a resident at the time.
6. There is no requirement for highway authorities to carry out consultation with residents about Traffic Regulation Orders. They are required to give notice in the press about an Order and to consider any objections received. There is no right of appeal against an Order, but residents may appeal to the High Court within 6 weeks of the Order being created if they believe it is incorrect. The Council says it did consult with residents at the time and it received no objections to the confirmation of the order.
7. Miss X received a parking penalty and she had a right to appeal this to the Traffic Penalty Tribunal which is the proper authority to deal with parking enforcement appeals. She paid the penalty in 2019 and we are unable to consider this matter further.

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Final decision

8. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the Traffic regulation order was approved in 1987 which is outside the normal 12-month period for receiving complaints. Ms X received a parking penalty and it was reasonable for her to appeal this to the Traffic penalty tribunal which is the proper body to consider parking penalties.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman