The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice for a parking offence. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has already used their right of appeal to a court. Therefore, the complaint is outside our jurisdiction.
The complaint
The complainant, I shall call Mrs X, complains about the way the Council dealt with her complain when she received a Penalty Charge Notice (PCN) when displaying a Blud Badge.
The Ombudsman’s role and powers
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because she has already filed a statutory declaration to the Traffic Enforcement Centre (TEC). If the TEC accepts Mrs X’s application it can take the procedure back to an earlier stage, reducing the amount of the PCN and reinstating her right of appeal against it to the Council or to the London Tribunals as it considers appropriate. Mrs X can then decide if she wishes to appeal the PCN or pay the penalty.
Investigator's decision on behalf of the Ombudsman