Summary: We will not investigate this complaint about the issue of a fixed penalty notice. This is because the courts are better placed to decide if the fixed penalty notice is valid and Mr X may therefore wait for the Council to prosecute him and present his defence against it at court.

The complaint

1. Mr X complains the Council’s parking enforcement contractors discriminated against him by issuing him a fixed penalty notice (FPN) when they proactively helped another driver in similar circumstances. He says the Council has failed to properly consider and respond to his complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Councils may issued FPNs to motorists for certain parking offences as a way to discharge liability for the offence. If they do not pay the FPN or successfully challenge it under any internal appeals process the Council may prosecute the motorist in court.
7. While Mr X complains the Council discriminated against him we have no power to decide if the actions of its contractor amounted to discrimination. Only the courts can decide claims of discrimination so if Mr X wishes to claim damages from the Council it would be reasonable for him to make a claim against it at court.
8. However, the injustice Mr X claims stems from the issue of the FPN itself and largely hinges on the question of whether the FPN is or was valid. If Mr X disputes the FPN, as it is clear he does, he may wait for the Council to issue proceedings against him and argue his points as part of his defence at court. The courts are better placed to decide the validity of the FPN, which is something we have no power to decide, and to provide a remedy for the issue.
9. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

10. We will not investigate this complaint. This is because the courts are better placed to decide if the FPN is valid and to consider whether its issue amounts to discrimination.

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Investigator's decision on behalf of the Ombudsman