Summary: We will not investigate Mr X’s complaint about a parking fine as Mr X had the right to appeal against it to an independent tribunal and it is reasonable to expect him to have done so.

The complaint

1. Mr X complains about a parking fine which he says the Council was wrong to issue him with.

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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. I have considered the comments Mr X made in response.

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What I found

4. Mr X complains the Council was wrong to issue him with a parking fine. Mr X says there were no markings where he parked to indicate he could not do so and that he had displayed his Blue Badge.
5. Mr X had the right to appeal against the fine to the Traffic Penalty Tribunal (TPT).

Analysis

6. The TPT is the independent body which hears appeals against parking fines. An appeal to the TPT was the prescribed way for Mr X to challenge the fine and it is reasonable to expect him to have appealed. For this reason, we will not investigate.

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Final decision

7. My decision is we will not investigate this complaint. This is because Mr X could reasonably have appealed against the parking fine to the TPT. The complaint is therefore outside our legal remit.

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Investigator's decision on behalf of the Ombudsman