Summary: We cannot investigate this complaint about the Council’s enforcement of a penalty charge notice as this has been considered by the courts and so is now outside our legal remit.

The complaint

1. Mrs X complains she received no notices about a penalty charge notice (PCN) until the Council’s enforcement agents came to her home. Mrs X is unhappy that the court at the Traffic Enforcement Centre rejected her case about this. Mrs X has been caused stress and anxiety because of this and has spent many hours dealing with this case.

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The Ombudsman’s role and powers

2. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X followed the procedure provided in law, to challenge how the Council enforced the PCN, by asking the court at the Traffic Enforcement Centre (TEC) to consider her case. As per paragraph two, as this matter has been considered by a court, we now have no legal remit to investigate, and we cannot do so.

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Final decision

6. We cannot investigate Mrs X’s complaint because her case against the Council has been considered in court and is now no longer within our remit.

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Investigator's decision on behalf of the Ombudsman