Summary: We cannot investigate this complaint about a Penalty Charge Notice because Miss Y has already appealed to the Traffic Penalty Tribunal.

The complaint

1. Miss Y complained the Council wrongly pursued her for a Penalty Charge Notice (PCN) and sent correspondence to an incorrect address despite her details been up to date with the DVLA. She is also unhappy with the Council’s handling of her complaint, which she says was not properly responded to.
2. Miss Y says she felt harassed by the Council and says has been caused her distress and inconvenience.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Court of Appeal confirmed the Ombudsman cannot consider a complaint when the complainant has pursued an alternative remedy, even if it does not provide a complete remedy for the injustice claimed. (R v Commission for Local Administration, ex parte Field [1999] EWHC 754 (Admin))
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

7. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Miss Y has successfully appealed the PCN to the Traffic Penalty Tribunal and the PCN has not been upheld. As she has used her right to appeal to the Tribunal, we cannot by law investigate her complaint even though the Tribunal may not have provided her with a complete remedy for the injustice she has claimed. Consequently, we will not investigate.
9. As we are not investigating that substantive matter, it is not a good use of public resources to investigate how the Council may have dealt with Miss Y’s complaint. Consequently, we will not investigate.

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Final decision

10. We will not investigate Miss Y’s complaint because she has already appealed to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman