The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has started court action about the matter.
The complaint
Mr Y complained the Council has pursued him for a Penalty charge Notice and has increased the costs and penalty, despite Mr Y being able to show he no longer lived at the address the documents were sent to.
Mr Y says this is unfair as he was unaware of the PCN initially and he is seeking a reduction in the penalty so he can pay the Council a lower amount for the circumstances.
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)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y has approached the Traffic Enforcement Centre (TEC) and asked it to remove the charge certificate for the amount owed. Had the TEC accepted Mr Y’s application it could have taken the process back to an earlier stage and reduced the amount for the penalty and reinstated his appeal rights against the PCN. However, the TEC, which is a part of Northampton County Court, refused Mr Y’s application.
As Mr Y has started court action about the same matter, we cannot investigate his complaint, as referred to in paragraph three. We will not investigate.
Final decision
We cannot investigate Mr Y’s complaint because Mr Y has started court action about the matter.
Investigator's decision on behalf of the Ombudsman