The Ombudsman's final decision
Summary: We cannot investigate this complaint about appealing a Penalty Charge Notice because Mr Y has already started court action about the matter.
The complaint
Mr y complained the Council used incorrect and fraudulent information when enforcing a Penalty Charge Notice against him. Mr Y says consequently he has had to pay a penalty he should not have.
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 sought a remedy by way of proceedings in any court of law, we cannot 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 has appealed to the Traffic Enforcement Centre, based at Northampton County Court. As he has started court action about the matter, the law say we do not have the power to investigate his complaint. Consequently, we cannot investigate.
Final decision
We cannot investigate Mr Y’s complaint because Mr Y has already started court action about the matter.
Investigator's decision on behalf of the Ombudsman