The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint’s about a Penalty Charge Notice because she has appealed to court about the same matter.
The complaint
Miss X says the Council has refused to cancel a Penalty Charge Notice (PCN) and has removed her vehicle unlawfully.
She says the matter has caused her distress.
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) The Traffic Enforcement Centre (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 Miss X, the Council and Enforcement Agency.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says Miss X has 2 unpaid Penalty Charge Notices (PCN’s) issued for parking contraventions.
In May 2024, the Council told an enforcement agency to collect the debt. In November 2024 the agency removed Miss X’s vehicle as part of debt recovery.
Miss X says her vehicle should not have been taken as she has tried to pay the PCN’s. She has made a late witness statement to the Traffic Enforcement Centre (TEC). This is an appeal mechanism to the Courts.
I cannot start an investigation because Miss X has started court action about the matter by taking it to the TEC. The law says we do not have the power investigate any matter which has been taken to court or is inextricably linked to any court action.
Final decision
We will not investigate Miss X’s complaint, she has started court action about the same matter, this prevents us from investigating.
Investigator's decision on behalf of the Ombudsman