Lancashire County Council (20 008 349)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 13 Jan 2021
The Ombudsman's final decision:
Summary: Mr X complained about the Council issuing him with a parking penalty. We should not exercise discretion to investigate this complaint. This is because it was reasonable for him to appeal to a parking adjudicator at the Traffic penalty Tribunal which is the proper authority to consider appeals against parking penalties.
The complaint
- Mr X received a parking penalty for exceeding the time limit for parking in a location. He disputed the issue of the penalty because he says he drove away and then returned later. He wants the Council to accept his version of events and to refund the £25 he paid.
The Ombudsman’s role and powers
- 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)
- The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.
What I found
- Mr X says he received a parking penalty after he parked in a space, left and later returned. He says the Council refused to accept his statement of events and that it is convinced that evidence of the valve locations on his wheels proves that the car was not moved. He questioned the Council’s evidence of this.
- Mr X had an opportunity to appeal to the Parking Penalty Tribunal after the Council rejected his representations. He decided to pay the discounted amount and so no longer was able to appeal.
Final decision
- We should not exercise discretion to investigate this complaint. This is because it was reasonable for him to appeal to a parking adjudicator at the Traffic penalty Tribunal which is the proper authority to consider appeals against parking penalties.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman