Summary: The Ombudsman will not investigate Mrs X’s complaint about a parking fine. It is reasonable to expect Mrs X’s to have appealed against the fine and so the complaint is outside the Ombudsman’s legal remit.

The complaint

1. Mrs X complains about a parking fine the Council issued to her.

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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 Mrs X said in her complaint and background information the Council sent to me. I have written to Mrs X with my draft decision and given her the opportunity to comment.

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What I found

4. Mrs X was issued with a parking fine for parking outside her house without displaying a resident’s permit. Mrs X says she told the issuing officer that she had left the car to go inside to get the permit. Mrs X says the officer told her the fine would be cancelled if she contacted the Council. Mrs X did this, but the Council rejected her representations. The Council advised Mrs X how she could challenge the fine further, but Mrs X paid the fine at the discounted amount and the case was closed.

Assessment

5. Mrs X had the right to appeal against the fine, ultimately to an independent parking tribunal. It is reasonable to expect Mrs X to have done this and as such the complaint is outside our legal remit and we will not investigate. That Mrs X chose to pay the fine at the reduced amount does not change this view.

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Final decision

6. My decision is that the Ombudsman should not investigate this complaint. This is because Mrs X could have appealed against the fine and the complaint is therefore outside the Ombudsman’s legal remit.

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Investigator's decision on behalf of the Ombudsman