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

The complaint

1. Mr X complains the Council wrongly issued him with a parking penalty charge notice (PCN) and incorrectly upheld it, despite its own contradictory evidence and his challenges against it. Mr X won his appeal against the PCN at the Traffic Penalty Tribunal (TPT) and now seeks an apology, a financial payment in recognition of the stress and time and trouble he was put to and for the Council’s processes to be changed.

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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. We cannot investigate the Council’s handling of the PCN. As per paragraph three, this matter is no longer within our remit as Mr X appealed it to the TPT.
7. The TPT was able to make a costs award if the adjudicator determined that the enforcing authority acted wholly unreasonably in its approach to the case.

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Final decision

8. We cannot investigate Mr X’s complaint because it is no longer within our remit since Mr X appealed the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman