Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mrs Y has appealed to the tribunal.

The complaint

1. Mrs Y complains the Council has wrongly issued a Penalty Charge Notice (PCN) to her for driving in a bus lane. She has appealed this to the tribunal and is waiting for her appeal to be heard. However, she says she has now been contacted by bailiffs.
2. Mrs Y says she is worried as she is being asked to pay over £400.

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The Ombudsman’s role and powers

3. 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

4. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The council issued Mrs Y with a PCN in July 2021 for driving through a bus lane. Mrs Y says she paid the fine but then received a letter saying she had not paid. She contacted the Council who told her there was a second PCN for driving in a bus lane. Mrs Y disputes this and appealed the ticket to the Council but was unsuccessful. She then appealed to the tribunal in January 2022. She says she has now been contacted by bailiffs. Mrs Y approached us in February.

Analysis

6. As Mrs Y has used her right to appeal to the tribunal, we cannot investigate her complaint as explained in paragraph three as the law prevents us from doing so. Mrs Y’s appeal of the PCN is a matter for the tribunal and we cannot investigate her complaint.

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Final decision

7. We cannot investigate Mrs Y’s complaint because Mrs Y has used her right to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman