Redcar & Cleveland Council (23 019 727)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Mar 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a parking penalty charge notice as Mr X appealed to the independent tribunal and as such, the matter is no longer within our legal remit.
The complaint
- Mr X complained he was wrongly issued a parking penalty charge notice (PCN) for parking in a disabled bay. Mr X says the bay was not properly marked/signed and that he would never intentionally park in a disabled space. Mr X’s appeal to the Traffic Penalty Tribunal (TPT) was unsuccessful. Mr X feels let down by the system.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- As per paragraph three, we no longer have any legal remit to investigate Mr X’s complaint since he appealed the PCN to the TPT.
Final decision
- We cannot investigate Mr X’s complaint because it is not within our legal remit.
Investigator's decision on behalf of the Ombudsman