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

  1. Mr X says despite paying a penalty charge notice (PCN) he had to pay more fees when enforcement agents visited his home.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered the information provided by Mr X which includes the Council’s responses to his complaints.

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What I found

  1. A relative of Mr X received a PCN in July 2018. Mr X says they appealed the PCN, but this was rejected in September.
  2. Mr X says he sent a cheque for the PCN to the Council in October 2018.
  3. 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.
  4. 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.
  5. The law says the Ombudsman cannot investigate complaints where legal proceedings have taken place.

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Final decision

  1. I cannot investigate this complaint. This is because he has taken legal action on the matter he is complaining about.

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Investigator's decision on behalf of the Ombudsman

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