The Ombudsman's final decision
Summary: We cannot investigate this complaint that Mr X did not receive documents about a penalty charge notice. This is because Mr X asked a court to consider his case and so we can no longer do so.
The complaint
Mr X complains that due to Council error, documents about a penalty charge notice (PCN) were sent to the wrong address. This resulted in Mr X being contacted by the Council’s enforcement agents and Mr X having to pay an increased sum.
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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as a court. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Traffic Enforcement Centre (TEC), which is part of the county court system, to consider his case against the Council’s enforcement of a PCN that had been issued to him, by submitting a witness statement to it. The TEC refused Mr X’s application. Mr X is unhappy as he says the mistake the Council made in respect of his address was also made by the TEC. Mr X wants the errors in his case to be corrected and to be allowed to pay the initial amount of the PCN As per paragraph two, we no longer have any remit to consider Mr X’s case as it has already been considered by a court. We also have no remit to investigate how the TEC dealt with his case as it is not a body within our jurisdiction.
For these reasons, we cannot investigate Mr X’s complaint.
Final decision
We cannot investigate Mr X’s complaint because it is no longer within our remit, having already been considered by a court.
Investigator's decision on behalf of the Ombudsman