London Borough of Croydon (19 019 025)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 20 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complains he had to pay enforcement agency fees for a Penalty Charge Notice which he says he has already paid. The Ombudsman cannot investigate this complaint as Mr X has already taken legal action on this matter.
The complaint
- Mr X says despite paying a penalty charge notice (PCN) he had to pay more fees when enforcement agents visited his home.
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)
How I considered this complaint
- I considered the information provided by Mr X which includes the Council’s responses to his complaints.
What I found
- A relative of Mr X received a PCN in July 2018. Mr X says they appealed the PCN, but this was rejected in September.
- Mr X says he sent a cheque for the PCN to the Council in October 2018.
- The Council says it did not receive the cheque. It says it has checked its records and cannot trace the money in its accounts. It has repeatedly asked Mr X to provide information about the cheque or give the Council consent to trace where the cheque was cashed. It appears Mr X has not provided this information.
- The correspondence Mr X has provided shows that he has taken legal action against the Council twice about this matter. And the court has dismissed his claim, requiring him to pay the Council’s costs.
- The law says the Ombudsman cannot investigate complaints where legal proceedings have taken place.
Final decision
- I cannot investigate this complaint. This is because he has taken legal action on the matter he is complaining about.
Investigator's decision on behalf of the Ombudsman