The Ombudsman's final decision
Summary: We cannot investigate this complaint about the enforcement of a penalty charge notice as the court at the Traffic Enforcement Centre has refused to accept Mr X’s case against it.
The complaint
Mr X complains he has been penalised in respect of a penalty charge notice (PCN) the Council issued to him due to delay in records being updated after he sold his vehicle. Mr X wants the Council to cancel the PCN.
The Ombudsman’s role and powers
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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided a mechanism for motorists to challenge the enforcement of PCNs. Mr X used this process to ask the court at the Traffic Enforcement Centre (TEC) to consider his case. The TEC refused Mr X’s application to make an out of time witness statement about the matter and so enforcement of the PCN continues.
As a court has considered Mr X’s case, we can no longer investigate. We cannot investigate decisions of the TEC, as it is not a body within our remit, though Mr X had the right to challenge that decision via a District Judge.
Final decision
We cannot investigate Mr X’s complaint because the court at the TEC has considered the matter and we no longer have any remit in this regard.
Investigator's decision on behalf of the Ombudsman