Summary: We cannot investigate this complaint about Penalty Charge Notices. This is because Mr Y has used his right to appeal so we cannot investigate.

The complaint

1. Miss X, acting on behalf of Mr Y, complains the Council has pursued Mr Y for charges relating to a Penalty Charge Notice (PCN) despite Mr Y not receiving the earlier correspondence such as the Notice to Owner.
2. Miss X says this has caused Mr Y financial difficulty, upset and anxiety.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered the information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued a PCN to Mr Y in November 2020. Mr Y appealed this in November but did not then receive a response. Mr Y says he also did not receive a Notice to Owner. In May 2021 Mr Y, with the assistance of Miss X, submitted witness statement to the Traffic Enforcement Centre (TEC), which is part of Northampton County Court.
7. The costs of the fine have since increased. Miss X says a late witness statement was submitted to the TEC in November 2021. Mr Y then paid £483 to an enforcement agent acting on behalf of the Council to avoid further charges or recovery action. Miss X then approached us in January 2022.

Analysis

8. As Mr Y, or Miss X on his behalf, have applied to the Traffic Enforcement Centre under a late witness statement, they have begun their right of appeal. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms Y’s right of appeal against it. It can also ask the Council to refund the money paid, including any fees for the enforcement agent.
9. If successful in the application to the TEC, Mr Y may be able to appeal to the London Tribunals. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
10. However, as Mr Y has used his right to appeal to the TEC, we cannot investigate this complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because Mr Y has used his right to appeal.

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Investigator's decision on behalf of the Ombudsman