The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about how the Council handled a penalty charge notice issued in October 2020. We cannot lawfully investigate because Mr X has used his legal remedies to the Traffic Enforcement Centre and London Tribunals adjudicator.
The complaint
Mr X complains the Council in October 2020 illegally issued a penalty charge notice. Mr X says the Council has caused him stress, anxiety, time, and trouble ever since.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I have considered Mr X’s information and comments. The information includes the Council’s final stage 2 complaint reply.
My assessment
I cannot investigate Mr X’s complaint which is outside the Ombudsman’s jurisdiction. Mr X has used his legal remedies (see paragraph 2 and 3 above): Mr X challenged the Council’s debt recovery actions by going to the County Court’s Traffic Enforcement Centre (TEC). In February 2022 the TEC quashed its debt recovery order. The Council says the reason was Mr X not receiving a notice rejecting his representations. This decision returns the case to an earlier stage in the procedure allowing Mr X to pay a lower fine or appeal the PCN.
Mr X says he has this month appealed the reissued PCN to the London Tribunals parking adjudicator.
The Ombudsman is legally barred from investigating any part of Mr X’s complaint irrespective of whether the two appeals remedy all his injustice. The courts have confirmed that an appellant cannot complain to the Ombudsman and seek a further remedy.
Final decision
The Ombudsman cannot investigate Mr X’s complaint about how the Council handled a penalty charge notice issued in October 2020. We cannot lawfully investigate because Mr X has used his legal remedies to the Traffic Enforcement Centre and London Tribunals adjudicator.
Investigator's decision on behalf of the Ombudsman