The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council handling of two parking tickets. This is because Ms X has already used her right to take the matter to the Traffic Enforcement Centre and the law says we cannot investigate it.
The complaint
Ms X says the Council failed to properly handle with her dispute about two PCNs. She says it lost correspondence and did not consider evidence. It then passed her accounts to its enforcement agents. She would like the PCNs returned to the Council and compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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).
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 complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council issued two PCN’s to Ms X in August 2024. She challenged both of these because the car was involved in an accident.
Ms X says the Council replied about one PCN challenge but not the other. She says the Council also ignored emails and misplaced others. The Council could not confirm emails were received or delivered. It then passed the accounts to enforcement agents without proper notice.
Ms X made an Out of time Statutory Declaration to the TEC regarding both PCNs.
As Ms X has challenged the Council’s pursuit of the PCN’s with the TEC, the law says we have no jurisdiction to consider the same matters now.
Final decision
We will not investigate Ms X’s complaint because she has already used her right to ask the TEC to consider the matter.
Investigator's decision on behalf of the Ombudsman