The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice issued to the complainant for entering the Clean Air Zone. This is because the complainant has challenged the Council’s escalation of the charge with the Traffic Enforcement Centre, which is part of Northampton County Court.
The complaint
Miss X complains about a Penalty Charge Notice (PCN) she received for entering the Clean Air Zone. Miss X says she obtained a revoking order but the Council are again pursuing her for payment. Miss X wants the Council to cancel the PCN.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The TEC is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X received a PCN for entering the Clean Air Zone. The Council sent documentation to the address held by the DVLA but did not receive a response so issued an Order for Recovery. Miss X subsequently submitted an out of time Witness Statement to the Traffic Enforcement Centre (TEC) and the order was revoked.
The Council issued a new PCN and new Order for Recovery. Miss X submitted a further Witness Statement to the TEC and the Order for Recovery has again been revoked. Miss X has since told the Council that when she receives a new PCN she will be making payment in full.
I cannot investigate Miss X’s complaint. This is because Miss X applied to the TEC to make a late witness statement to challenge TfL’s escalation of the case. As a result we cannot investigate the matter further, as set out at Paragraphs 3 & 4.
Final decision
We will not investigate Miss X’s complaint because she has used her right of appeal to the TEC.
Investigator's decision on behalf of the Ombudsman