Summary: We cannot investigate this complaint about a parking penalty charge notice as Mr X appealed to the independent tribunal and the matter is therefore no longer within our remit.

The complaint

1. Mr X complains the Council hid video evidence which showed he had not committed a parking contravention. Mr X complains that having to prove his innocence has caused him emotional stress and sleepless nights. Mr X says despite the Council knowing the parking penalty charge notice (PCN) was based on a lie, he was forced to take his case to the independent tribunal.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X appealed against the PCN to an independent adjudicator at the Traffic Penalty Tribunal (TPT). The TPT upheld Mr X’s appeal, cancelling the PCN, saying the contravention did not occur.
7. I recognise Mr X remains unhappy about the Council’s actions but as per paragraph three, as he appealed to the TPT about the PCN we no longer have any remit to investigate.

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Final decision

8. We cannot investigate Mr X’s complaint because it is no longer within our legal remit.

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Investigator's decision on behalf of the Ombudsman