Summary: We will not investigate Mr X’s complaint about a parking penalty as it is reasonable to expect him to appeal against it to the independent parking tribunal.

The complaint

1. Mr X complains the Council issued him with a parking penalty when he had paid 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 sent him my draft decision for his comments.

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What I found

4. Mr X complains the Council issued him with a parking fine when he had displayed a ticket to park but it had become dislodged from his car window. Mr X says this is the second penalty he has incurred under similar circumstances. Mr X says the Council cancelled the first one but not the second.
5. The Council says it cancelled the first penalty as a goodwill gesture. It says the second penalty was correctly issued as while Mr X had paid to park, the ticket was not properly displayed. The Council has considered Mr X’s representations against the fine and rejected them. It has advised Mr X of how he can appeal, ultimately to the independent parking tribunal.

Analysis

6. The Council issued the parking penalty under the Traffic Management Act 2004. This sets out an appeal procedure which Mr X can use to challenge the fine. It is reasonable to expect Mr X to follow this procedure and so we will not investigate.

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Final decision

7. My decision is we will not investigate this complaint. This is because there is an appeal procedure set out in law which Mr X can reasonably use.

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Investigator's decision on behalf of the Ombudsman