The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s enforcement of a penalty charge notice as a court has rejected Mr X’s case against it.
The complaint
Mr X complains the first notice he had of a penalty charge notice for a parking contravention (PCN) was when the Council’s enforcement agents contacted him. Mr X complains the Council is wrong to enforce the PCN as he has proof that he paid to park. Mr X has been caused emotional distress by this.
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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Traffic Enforcement Centre (TEC) is part of the county court system and considered Mr X’s case against the Council’s enforcement of the PCN, under rules set out by Parliament. It refused Mr X’s case and so the enforcement of it continues.
As per paragraph two, as Mr X used his right to seek a remedy in court, we no longer have any legal remit to investigate and cannot do so.
Final decision
We cannot investigate Mr X’s complaint because he used his right to ask a court to consider his case and the matter is therefore now outside our legal remit.
Investigator's decision on behalf of the Ombudsman