The Ombudsman's final decision
Summary: We cannot investigate this complaint about two penalty charge notices because the complainant has used her right to submit a witness statement to the Traffic Enforcement Centre. We therefore have no power to consider the complaint.
The complaint
Miss X complains the Council refused to cancel two parking penalty charge notices (PCNs) despite providing evidence that she held a valid parking permit. She complains the Council refused her appeal about the first PCN, failed to respond to her contact and incorrectly increased the PCN before she sent her appeal.
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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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) The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X disputes two PCNs. She had a right of appeal to the TEC, which she has used as she has made a witness statement to the TEC. This process allows motorists to challenge a council’s escalation of a PCN. We cannot investigate Miss X’s complaint, including the extent to which it concerns the Council’s decision to increase the PCN charge, because she has already appealed to the TEC.
Final decision
We cannot investigate this complaint about two penalty charge notices because the complainant has used her right to submit a witness statement to the Traffic Enforcement Centre. We therefore have no power to consider the complaint.
Investigator's decision on behalf of the Ombudsman