The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a bus lane penalty charge notice. This is because a court has considered Mr X’s case and as such, the complaint is no longer within our legal remit.
The complaint
Mr X complains the Council has wrongly issued him with a penalty charge notice (PCN) for a bus lane contravention as Mr X says he was no longer the owner of the vehicle when the contravention took place. Mr X wants the PCN to be cancelled.
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
Parliament has provided a procedure for motorists to challenge PCNs when something may have gone wrong in the process. Mr X followed this procedure and made a witness statement to the court at the Traffic Enforcement Centre (TEC) to ask for the enforcement of the PCN to be set back. The TEC rejected Mr X’s case.
As a court has considered Mr X’s case, as per paragraph two, we no longer have any remit to do so. There is a statutory procedure open to Mr X to challenge the TEC’s decision, but this is not something we can do. We also cannot cancel the PCN.
For these reasons, we cannot investigate Mr X’s complaint.
Final decision
We cannot investigate Mr X’s complaint because it has been considered by a court and so no longer within our remit.
Investigator's decision on behalf of the Ombudsman