Summary: We will not investigate this complaint about a Penalty Charge Notice appeal. This is because the law says we cannot investigate where someone has used their right of appeal, even if the appeal did not or could not provide a complete remedy for all the injustice claimed.

The complaint

1. Mr Y complains the Council failed to follow procedures for enforcing a Penalty Charge Notice (PCN) which denied him a right of appeal. Mr Y then when to the Traffic Enforcement Centre (TEC) who ordered the Court to reinstate the PCN to allow him to appeal, costing Mr Y £100 in court fees and other costs of £15 as well as his time. The Council then cancelled the PCN. Mr Y says he found the experience stressful and unpleasant.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued a PCN to Mr Y in 2021. Mr Y says the Council failed to follow procedures and so he was unable to appeal the PCN. He used his right to appeal to the TEC, which is based at Northampton County Court, and successfully had his right of appeal reinstated in July 2021. Mr Y incurred £100 in court fees for the TEC, £5 in parking and says he spent £10 in obtaining a witnessed oath from a solicitor. He also says he spent seven hours in total dealing with the issue. The Council later cancelled the PCN.
6. Mr Y complained to the Council in December 2021. The Council responded, saying it would not pay the costs Mr Y says he had incurred, in January 2022. Mr Y then approached us in April.

Analysis

7. As explained in paragraph three, 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.
8. As Mr Y has used his right to appeal to the TEC, based at Northampton County Court, we do not have the power in law to investigate his complaint. This is even though Mr Y has incurred costs in using this right of appeal. Consequently, we cannot investigate his complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because the law says we cannot investigate where someone has used their right of appeal, even if the appeal did not or could not provide a complete remedy for all the injustice claimed.

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Investigator's decision on behalf of the Ombudsman