The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Miss Y has already started court action about the matter.
The complaint
Miss Y complained the Council has wrongly pursued her for a PCN it issued to her after her vehicle was cloned.
Miss Y says this has caused her worry and distress.
The Ombudsman’s role and powers
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 Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Miss Y in December 2023. Miss Y later completed a statutory declaration to the Traffic Enforcement Centre, based at Northampton County Court. As she has already started court action, even if this has been refused, we cannot by law investigate her complaint. Therefore, we will not investigate.
Final decision
We will not investigate Miss Y’s complaint because Miss Y has already started court action about the matter.
Investigator's decision on behalf of the Ombudsman