The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty because Mr Y has already approached the court about the same matter.
The complaint
Mr Y complained the Council wrongly issued him with a Penalty Charge Notice (PCN) and have unfairly pursued him for the penalty despite this causing him significant distress and worry and financial difficulty. Mr Y says he made representations to the Council on two occasions but the second did not receive a response.
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 a PCN to Mr Y in 2023. Mr Y says he made representations twice, but the second time, his representations were not responded to. Mr Y says the PCN was then passed to bailiffs who he says pursued him, causing him upset, during a time he says he was already distressed.
Mr Y has already approached the courts to seek an order to stop the recovery of the penalty amount. This was however refused. As Mr Y has already started court action about the matter, we do not have the power in law to investigate this complaint. Consequently, we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because he has already approached the court about the same matter.
Investigator's decision on behalf of the Ombudsman