The Ombudsman's final decision
Summary: We cannot investigate this complaint about Penalty Charge Notices. This is because Miss Y has already used her right to appeal to the Traffic Enforcement Centre about the matter. It is also reasonable to expect Miss Y to appeal any remaining PCNs that she has not already.
The complaint
Miss Y complained the Council wrongly issued her with four PCNs and has failed to consider her appeal properly.
Miss Y felt distressed by the four PCNs and the Council’s consideration of the appeal, which she feels lacked use of the Council’s discretion.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued four PCNs to Miss Y in March 2021. Miss Y was in the process of moving house during this time and did not receive correspondence from the Council as a result. She then received visits from bailiffs for the outstanding penalty and costs of enforcement for the PCNs, which she paid. Miss Y approached the Traffic Enforcement Centre (TEC) based at Northampton County Court to appeal at least one of the PCNs in September 2021. Her application was refused. She then approached us in August 2022.
Analysis Miss Y has used her right of appeal to the TEC for at least one of the PCNs. We cannot investigate a complaint if someone has appealed to a court about the matter already. Consequently, we cannot investigate her complaint.
Where Miss Y feels the PCNs were not issued correctly, it is her right to approach the TEC for any remaining PCNs she wishes to challenge the penalty. If successful the TEC can return her to an earlier part of the appeal process and refund the monies she has already paid, including the bailiffs costs. As she has previously done this and is familiar with the process already, I can see no reason why it would not be reasonable to expect her to return to the TEC if she wishes to challenge any further PCNs. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because she has already used her right to appeal to the Traffic Enforcement Centre about the matter. It is also reasonable to expect Miss Y to appeal any remaining PCNs that she has not already.
Investigator's decision on behalf of the Ombudsman