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Man claims council targeted him with parking fine

by Cumbria Crack
05/04/2024
in News
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A man’s claim that a council targeted him with a parking fine has been thrown out by a local government watchdog.

The Local Government Ombudsman decided not to investigate a complaint that a civil enforcement officer from Westmorland and Furness Council gave the man a penalty charge notice but did not hand a notice to the vehicle next to him.

The man claimed his neighbour stayed in the next-door bay for the same time period but did not receive a penalty.

The report on the decision identifies the man as Mr X. It said: “Mr X complains the council issued him a penalty charge notice but did not issue one to his neighbour, who committed the same contravention. He believes the council targeted him.”

According to the investigator’s report, the council issued Mr X a penalty for overstaying the maximum time in an on-street parking bay in November 2023.

Mr X admitted he parked in a bay which allowed a maximum 20-minute stay but was there for at least 33 minutes. The council was entitled to issue him a fine, the report added.

The report said: “If Mr X disputed the penalty charge notice he received it would have been reasonable for him to appeal.

“It is not a significant injustice to Mr X that the council’s civil enforcement officer did not issue his neighbour a penalty charge notice, regardless of whether they committed the same contravention, and we would not recommend the council cancels the notice it issued him simply because it did not issue a notice to someone else.”

According to the report Mr X provided video from a CCTV camera which he believed proved the council officer targeted him. However, the investigator said: “I cannot draw this assumption from the footage provided.”

The report added: “The video shows the officer taking steps to issue a notice to a vehicle which exceeded the maximum parking time allowed.

“It does not show intent to target him specifically and the council has confirmed from its records that the officer issued notices to at least three other vehicles parked on the same road that morning.

“We will not investigate this complaint. This is because Mr X’s injustice stems from the notice he received and if he disputed this it would have been reasonable for him to appeal.

“The fact the officer did not issue Mr X’s neighbour a notice as well is not a significant injustice to Mr X and does not show fault in the parking enforcement process.”

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