Summary: We will not investigate this complaint about a parking penalty as the complainant had the right to appeal against it to an independent parking tribunal.

The complaint

1. Mr X complains about a parking penalty which he says was illegally issued. Mr X paid the penalty but now wants to challenge it. Mr X is unhappy that the Council says the case is closed.

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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 considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law under which the parking penalty was issued provides a statutory appeal process, ultimately to an independent parking tribunal. Mr X did not appeal and paid the fine but now wants to challenge it.
6. The Council is not at fault for advising the case is closed due to the fine having been paid and had Mr X wanted to challenge it, it is reasonable for him to have appealed. We cannot therefore investigate, as per paragraph two.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed against the fine, following the appeal process laid down in law.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman