Summary: We will not investigate part of Mrs X’s complaint about parking availability near a medical centre because there is insufficient evidence of fault. We will not investigate Mrs X’s complaint about a Penalty Charge Notice because she had the right to appeal to a tribunal.

The complaint

1. Mrs X complains about parking provision in the Council’s area. Mrs X said there was insufficient parking to enable her to attend a serious health appointment. Mrs X said she had to park her car in a restricted area, which resulted in a Penalty Charge Notice (PCN) which she paid.
2. Mrs X said the matter caused her frustration and distress.

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The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Parking availability near the medical centre

8. We will not investigate this complaint. Although Mrs X was unable to find parking on the day in question, the Council is not obligated to provide a set amount of parking for the public in an area.
9. In its complaint response, the Council told Mrs X it coordinated with the medical centre to enable as much parking provision as possible while work was ongoing at a nearby parking facility.
10. Consequently, there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.

Penalty Charge Notice

11. Mrs X paid the parking charge. If Mrs X believed the parking charge was issued without justification, it was open to her to take the matter to the Traffic Penalty Tribunal. It was reasonable to expect Mrs X to use that right as that is the intended route created by Parliament to consider this type of complaint.

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Final decision

12. We will not investigate part of Mrs X’s complaint because there is insufficient evidence of fault for part of the complaint, and Mrs X had a right to appeal to a tribunal for the remainder.

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Investigator's decision on behalf of the Ombudsman