The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s alleged failure to respond to the complainant’s representations about receiving a penalty charge notice. This is because he has already used his legal right to appeal to the Traffic Enforcement Centre so we have no legal remit to intervene.
The complaint
Mr X complains about the Council’s failure to respond to his representations when he received a penalty charge notice. He says he has been caused a lot of time and trouble pursuing matters and feels he has been treated unfairly.
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 and the Council. And I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has laid down a detailed process allowing individuals the right to challenge receiving PCNs from the Council.
The Council disputes receiving Mr X’s challenge in time. However, this issue is superseded by Mr X using his legal right to file a complaint statement in the Traffic Enforcement Centre (which counts as a court under the Ombudsman’s jurisdiction). So, we cannot intervene.
Final decision
We cannot investigate Mr X’s complaint because he has used his legal right to appeal the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman