The Ombudsman's final decision
Summary: We cannot investigate this complaint about Penalty Charge Notices. This is because Miss Y has already appealed to the Traffic Enforcement Centre at Northampton County Court so we cannot investigate.
The complaint
Miss Y complained the Authority has sent Penalty Charge Notices (PCNs) to her father’s address which she no longer lives at. Consequently, she did not receive the correspondence and has not been able to appeal the PCNs and only became aware of the notice after bailiffs became involved.
This has caused her upset and financial worry.
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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
After becoming aware of a PCN issued by the Authority, which had been sent to her father’s address, Miss Y approached the Traffic Enforcement Centre to make a late statutory declaration in September 2022. In November, the TEC rejected Miss Y’s application to submit a late statutory declaration. The rejection letter also explained Miss Y’s right of appeal against the TEC’s decision. She then approached us.
As Miss Y has already approached the TEC, which is part of the Northampton Country Court, the law says we cannot investigate Miss Y’s complaint, as referred to in paragraph three.
Final decision
We cannot investigate Miss Y’s complaint because already appealed to the Traffic Enforcement Centre at Northampton County Court so we cannot investigate.
Investigator's decision on behalf of the Ombudsman