Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Mr Y has already appealed to the Tribunal, so the law prevents us from investigating.

The complaint

1. Mr Y complained the Council wrongly issued a Penalty Charge Notice (PCN) and then failed to provide evidence to the Traffic Penalty Tribunal. Mr Y feels the Council wasted his time and caused him worry.

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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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. The Council issued a PCN to Mr Y in September 2022. He appealed to the Traffic Penalty Tribunal. Mr Y won his appeal in November because the Council did not submit any evidence. Mr Y approached us in December.

Analysis

5. Mr Y has successfully used his right of appeal and the PCN was cancelled by the Tribunal. This has remedied most of the injustice from his complaint. The Tribunal may not have considered any emotional impact or time spent in appealing but the law says we cannot investigate Mr Y’s complaint about the same matter where he has appealed.

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Final decision

6. We cannot investigate Mr Y’s complaint because the law says we have no power to investigate where Mr Y has already used his right to appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman