Summary: Mr X complains about errors in a parking penalty issued to him when he says has a permit to park. We will not investigate as there is a statutory appeal process available to Mr X to challenge the fine.

The complaint

1. Mr X complains the Council has issued a parking penalty to him on the wrong grounds. Mr X also says he has a permit to park.

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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 Mr X said in his complaint and I have sent him my draft decision on it for his comments.

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What I found

4. Mr X says the Council issued a parking penalty to him for parking in a restricted area. Mr X says he had a permit to park. Mr X says when he challenged the penalty with the Council he was told it was issued as he had parked on double yellow lines.
5. Mr X wants the Council to cancel the ticket as he feels there are discrepancies in it, which make it invalid.
6. The Council has considered Mr X’s representations against the fine and concluded that it was properly issued. It has advised Mr X of how he can appeal against the penalty.
7. The parking penalty was issued under the Traffic Management Act 2004 which provides an appeal process for motorists.

Analysis

8. There is an appeal process provided in law for Mr X to challenge the parking penalty. We will not investigate as it is reasonable to expect Mr X to follow this process. The complaint is therefore outside our legal remit.

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Final decision

9. My decision is we will not investigate this complaint as it is reasonable to expect Mr X to challenge the parking penalty, following the appeal process provided in law.

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Investigator's decision on behalf of the Ombudsman