The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Mr Y has used his right to appeal to the Traffic Enforcement Centre so the law says we cannot investigate.
The complaint
Mr Y complained the Council told him not to pay a Penalty Charge Notice (PCN) as it was a duplicate for a previous PCN he had already paid. He says this led to the costs of the PCN increasing and enforcement action on the PCN, when it was not a duplicate.
Mr Y says he would have paid the PCN earlier at a decreased amount. He says the problem has been stressful and frustrating.
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 started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued Mr Y with two PCNs for driving in a bus lane. Mr Y says he paid the first PCN but upon querying the second with the Council, he was told the second was a duplicate of the first and so did not pay it.
The PCN progressed and Mr Y was contacted by enforcement agents, trying to collect the penalty debt and costs. Mr Y paid the amount and complained to the Council. The Council referred Mr Y to his right to approach the Traffic Enforcement Centre (TEC) at Northampton County Court.
Mr Y confirmed in his complaint emails to the Council he had begun the process with the TEC to ask it to take the process back to an earlier stage so Mr Y could appeal the PCN or pay it at a lower amount.
Analysis As Mr Y has used his right to appeal to the TEC, we cannot now investigate this complaint.
Final decision
We cannot investigate Mr Y’s complaint because Mr Y has used his right of appeal to the Traffic Enforcement Centre at Northampton County Court.
Investigator's decision on behalf of the Ombudsman