The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of an appeal against a penalty charge notice. This is because Mr X has used his right to challenge the Council’s escalation of the case at court.
The complaint
Mr X complains he appealed against a Penalty Charge Notice (PCN) with the Council but did not receive the Notice of Rejection. This led to him losing his right to appeal the PCN in front of a tribunal, and to the Council instructing enforcement agents to recover payment from him. He says this caused him financial hardship and distress. He wants the Council to refund his payment for the PCN.
The Ombudsman’s role and powers
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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Where a motorist makes representations against a PCN but does not receive a response they may apply to the TEC to make a late witness statement/statutory declaration. The TEC has the power to order the issuing authority to take the process back to an earlier stage, reinstating their right of appeal against the PCN and reducing the amount owed.
Mr X has told us he applied to the TEC to make a late witness statement and the restriction in Paragraph 2 therefore applies.
Final decision
We cannot investigate this complaint as Mr X has sought a remedy with the TEC.
Investigator's decision on behalf of the Ombudsman