The Ombudsman's final decision
Summary: We cannot investigate this complaint about two Penalty Charge Notices because Mr Y has already taken the matter to a court.
The complaint
Mr Y complained the signage in front of a tunnel in the Authority’s area was confusing and led him to drive through a tunnel and receive two Penalty Charge Notices (PCNs). For various reasons Mr Y was unable to initially appeal and so the penalty amount has now increased to over £500.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y made an appeal to the Traffic Enforcement Centre, based at Northampton County Court, in which he explained his reasons for not having been able to appeal the PCNs previously. However, the TEC refused his application.
As Mr Y has used his right of appeal to the TEC, we do not have the power under the law to investigate his complaint. Consequently we cannot investigate.
Final decision
We cannot investigate Mr Y’s complaint because Mr Y has already taken the matter to a court.
Investigator's decision on behalf of the Ombudsman