The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Miss Y has already appealed to the Traffic Enforcement Centre.
The complaint
Miss Y complained the Council incorrectly issued a Penalty Charge Notice (PCN) to her for driving in the area’s Clean Air Zone (CAZ) despite her having an exemption for the charge.
Miss Y says the problem has caused her upset and inconvenience.
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)
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Miss Y for driving in its CAZ without making payment. Miss Y says she has an exemption from the charge as her child is receiving treatment at the children’s hospital. Miss Y made representations to the Council against the PCN, but these were refused. She has now appealed the PCN to the Traffic Enforcement Centre; a part of Northampton County Court.
As Miss Y has begun her appeal to the Traffic Enforcement Centre, the law says we cannot now consider her complaint about the matter. We cannot therefore investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because she has already appealed to the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman