Summary: The Ombudsman cannot investigate Ms X’s complaint about a parking fine and the Council towing away her car. Ms X has appealed to the Traffic Penalty Tribunal about this and the Ombudsman therefore now has no legal remit to look at this complaint.

The complaint

1. Ms X complains the Council issued her with a parking fine, when she had paid to park, and towed her vehicle away.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I have considered what Ms X said in her complaint.

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What I found

4. Ms X complains about a parking fine the Council issued to her and that the Council towed her car away.
5. Ms X has appealed to the Traffic Penalty Tribunal (TPT) about these matters but it rejected her appeal. The TPT concluded that the parking contravention had occurred, as Ms X had parked in a loading bay, and that removal was permitted.

Analysis

6. Ms X has appealed and this matter has been heard by a tribunal. The law says we cannot now investigate.

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Final decision

7. My decision is that the Ombudsman cannot investigate Ms X’s complaint as Ms X’s appeal has been heard by the TPT. The complaint is therefore outside the Ombudsman’s legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman