The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Norice because the complainant has started court action about the matter.
The complaint
Miss X complains about how the Council dealt with a Penalty Charge Notice (PCN) she received for a parking violation. Miss X says she did not receive any correspondence from the Council after receiving the PCN and that the matter has caused her distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X has recently submitted an out of time witness statement to the Traffic Enforcement Centre, based at Northampton County Court to try to have the charge certificate for the penalty removed.
As Miss X has already begun court proceedings about the PCN, we do not have the power to investigate her complaint about the PCN.
Final decision
We will not investigate Miss X’s complaint because the has commenced court action about the matter.
Investigator's decision on behalf of the Ombudsman