Summary: The Ombudsman cannot investigate this complaint about a Penalty Charge Notice. This is because the complainant appealed to the court.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council did not respond to his appeal about a Penalty Charge Notice (PCN). Mr X had to pay £423 to bailiffs. Mr X wants a full refund and apology.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I read the complaint and all the documents the Council sent to Mr X about the PCN. I considered the decision made by the court. I invited Mr X to comment on a draft of this decision.

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What I found

Witness statement

6. If someone appeals to the Council about a PCN and does not receive a reply they can submit a witness statement to the court. If the court decides to grant a witness statement it cancels the registration of the PCN in court. The Council then passes the case to the Traffic Penalty Tribunal.

What happened

7. The Council issued a PCN for parking in a disabled parking bay without displaying a disabled parking permit. Mr X denies he committed a parking contravention. The fine was £70 but reduced by 50% if paid promptly.
8. Mr X challenged the PCN. The Council rejected his appeal and sent a Notice of Rejection. The Notice of Rejection was correctly addressed and included a form so that Mr X could appeal to the tribunal.
9. Mr X did not pay or appeal to the tribunal although he continued to call the Council to dispute the fine. In one call the Council told him he would be able to submit a witness statement.
10. The Council registered the fine in court and sent a letter to Mr X saying he had until 22 May 2019 to pay the fine or file a witness statement. The Council sent Mr X the form so he could apply for a witness statement. Mr X submitted a witness statement which the court received on 12 June. On the witness statement Mr X said he did not receive a response from the Council to his appeal. The court rejected the application on 8 July because it was late.
11. The Council resumed recovery action through bailiffs. Mr X paid £423 to bailiffs. This includes the fine, court costs and bailiff fees. Mr X wants a full refund and an apology.

Assessment

12. I cannot start an investigation because Mr X started legal action by applying to the court for a witness statement. The law says the Ombudsman cannot consider any matter that has formed part of legal action. Mr X says he did not receive a reply to his appeal. But, this is the argument he submitted to the court. The fact that the court decided his application was late does not remove the restriction that prevents me from starting an investigation. There is no part of the complaint that I can investigate.

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Final decision

13. I cannot start an investigation because Mr X started legal action by sending a witness statement to the court.

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Investigator's decision on behalf of the Ombudsman