Summary: We cannot investigate this complaint about a Penalty Charge Notice because Ms Y has already started court action through the Traffic Enforcement Centre.

The complaint

1. Ms Y complained the Council has failed to provide her with appeal forms relating to a Penalty Charge Notice (PCN) which she did not receive the initial correspondence for. This has led to her vehicle being clamped by enforcement agents and she has had to pay £624 for the clamp to be removed.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Ms Y says she did not receive the original PCN or relating correspondence from the Council. She says she contacted the Council when she became aware of the PCN to make them aware of this but was told she was too late to appeal to the Council. She has since approached the Traffic Enforcement Centre, (TEC) based at Northampton County Court, to try to have her right to appeal to the London Tribunal reinstated. However, the Council pursued Ms Y for the outstanding debt it says she owes for the PCN, which Ms Y paid to enforcement agents after her vehicle was clamped.
5. As Ms Y has approached and started appealing to the TEC, the law says we cannot investigate her complaint about the same matter. Consequently, we do not have the power in law to investigate her complaint.

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Final decision

6. We will not investigate Ms Y’s complaint because Ms Y has already started court action through the Traffic Enforcement Centre about the same matter.

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Investigator's decision on behalf of the Ombudsman