The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Miss Y has already used her right to appeal.
The complaint
Miss Y complains the Council has wrongly issued a Penalty Charge Notice (PCN). She feels frustrated and has had to pay £275 for the fine after bailiffs contacted her.
The Ombudsman’s role and powers
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Miss Y in January 2021. Miss Y subsequently appealed the PCN to the Council and later to the TEC, but these appeals were refused. Miss Y says bailiffs later threatened to remove her car if she did not pay £275 for the fine. She then contacted us in February 2022.
Analysis As Miss Y has used her right to appeal, we cannot investigate her complaint as explained in paragraph two.
Final decision
We cannot investigate Miss’s complaint because Miss Y has already used her right to appeal.
Investigator's decision on behalf of the Ombudsman