Summary: We will not investigate this complaint about a parking ticket. Ms X used her right to appeal to London Tribunals, and we have no power to override the tribunal’s decision.

The complaint

1. Ms X complained the Council refused her appeal against a parking ticket when her car had been stolen. She says the matter has caused her distress and she has had to pay a £130 fine which she does not believe she should be liable for. She wants the Council to accept that her car had been stolen and cancel the fine.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We would not usually investigate a complaint where a person has the right to appeal the matter to a tribunal. Ms X used her right to appeal to London Tribunals in this case. We have no discretion to consider the matter now.
6. We cannot override a tribunal’s decision. London Tribunals’ website says while it will not usually review its decisions, it may do so in certain circumstances. It is open to Ms X to request a review of the tribunal’s decision if she believes the criteria for doing so are met.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because London Tribunals have already considered and decided the matter.

Back to top

Investigator's decision on behalf of the Ombudsman