Summary: We will not investigate this complaint about the Council issuing a parking penalty for parking in a dedicated EV parking bay. It was reasonable for Miss X to appeal to the parking adjudicator at the Traffic Penalty Tribunal.

The complaint

1. Miss X complained about the Council’s refusal to cancel a parking penalty issued for parking her vehicle in a dedicated EV parking bay. She says she was transporting an unwell, elderly relative and was unable to find a suitable disabled parking bay to use her blue badge permit. She believes the EV designation of the parking bay should not take precedence over a blue badge holder’s need to park. She wants the Council to refund the £35 penalty which she paid.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X says the Council issued her with a parking penalty for parking in a dedicated EV charging bay. She says she had an unwell relative in her car who has a blue badge but she was unable to find a nearby parking space to use her badge. She complained to the Council about the penalty.
7. The Council told her that it considered her representations but that the blue badge did not apply to EV charging bays and that there were suitable parking spaces nearby where she could have parked. It advised her that she could either pay at the discounted rate or await a Notice to Owner and then pay or appeal to the parking Adjudicator at the Tribunal at a later date. Miss X paid the discounted £35 amount and then made a formal complaint to the Council.
8. The Council advised that it could not accept her complaint through the complaints procedure because there is a statutory enforcement procedure which includes the appeal rights it had advised about.
9. We will not investigate this complaint. It was reasonable for Miss X to appeal the penalty if she believed it had been issued incorrectly. The Council did not consider her representations sufficient to cancel the penalty and give a refund. It is not our role to question the Council’s decision where there is no fault and an alternative remedy available.

Back to top

Final decision

10. We will not investigate this complaint about the Council issuing a parking penalty for parking in a dedicated EV parking bay. It was reasonable for Miss X to appeal to the parking adjudicator at the Traffic Penalty Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman