Summary: We cannot investigate this complaint about a parking penalty charge notice as it is no longer within our remit since Mr X appealed to the independent tribunal against it. Mr X is not caused any separable, significant injustice from his associated complaint about a bus stop re-instatement. We will not therefore investigate this aspect of the complaint.

The complaint

1. Mr X complains he was unfairly issued a parking penalty charge notice (PCN) for parking at a location where a bus stop had been re-instated without consultation or warning. Mr X says he had a legitimate expectation to be able to park at the location as it was a long established parking place. Mr X questions whether the Council followed the correct procedures to re-instate the bus stop.

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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 impact 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 or continue an investigation if we decide any alleged fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X appealed against the PCN to the Traffic Penalty Tribunal (TPT). The TPT refused Mr X’s appeal. As per paragraph three, we no longer have any remit to investigate the PCN.
7. I recognise Mr X has broader concerns about the re-instatement of the bus stop but we will not investigate as he is not personally caused an injustice from this, that is separate to the injustice from the PCN, that would warrant our further involvement. We have limited resources and must direct them to the most serious cases, in the public interest. This is not such a case.

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Final decision

8. We cannot investigate Mr X’s complaint about a PCN because it is no longer within our remit due to Mr X having appealed to the TPT. I do not consider Mr X is caused any significant, separate injustice from how the Council re-instated the bus stop and our further involvement is therefore not warranted.

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Investigator's decision on behalf of the Ombudsman