The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant applied to the court for a witness statement and because the Council has cancelled the fine.
The complaint
The complainant, Mr X, complains about a Penalty Charge Notice (PCN) the Council issued in March 2023 regarding entry into the Clean Air Zone. Mr X says he paid the charge to enter the zone. Mr 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.
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the PCN letters and an update from the Council saying it has cancelled the PCN. I also considered our Assessment Code.
My assessment
The Council issued a PCN for failing to pay to enter the Clean Air Zone. Mr X disputes the fine and says he paid to enter the zone. The Council has no record of any payment.
The Council registered the fine in court. Mr X applied to the court for a witness statement which the court granted. The witness statement meant Mr X could either pay the fine or wait for the tribunal to consider the case. However, before the case progressed any further the Council reviewed the case and decided to cancel the PCN.
The Council confirmed to Mr X a few days ago that it has cancelled the PCN.
I cannot investigate this complaint because Mr X applied to the court for a witness statement and the law prevents us from investigating any issue that has been the subject of legal action.
In addition, the Council has cancelled the PCN which is the outcome Mr X said he wanted.
Final decision
We cannot investigate this complaint because the case has been considered in court and because the Council has cancelled the PCN.
Investigator's decision on behalf of the Ombudsman