The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mrs Y has already been to court about the matter.
The complaint
Mrs Y complained the Council has pursued her for payment of costs for enforcement agents relating to a Penalty Charge Notice (PCNs).
Mrs Y says she has felt deeply upset and worried by the possibility and actual contact by enforcement agents.
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) 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 the Council and Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y approached the Traffic Enforcement Centre (TEC) based at Northampton County Court to appeal against a PCN. She made the appeal using a late witness statement, but this was refused by the court. The TEC have the power to remove enforcement charges when considering appeals such as the one Mrs Y has already made.
As Mrs Y has already appealed to the TEC, who have had the opportunity to consider the debt owed, including the enforcement costs, we do not have the power to investigate Mrs Y’s complaint. We cannot investigate.
Final decision
We will not investigate Mrs Y’s complaint because Mrs Y has already been to court about the matter.
Investigator's decision on behalf of the Ombudsman