Summary: We cannot investigate this complaint about Penalty Charge Notices because Mr Y has already begun court proceedings with the Traffic Enforcement Centre about the matter.

The complaint

1. Mr Y complained the Authority has sent him a series of Penalty Charge Notices (PCNs) to an incorrect address, with at least one PCN being a duplicate of a penalty he has already paid. He says he has already begun the process to challenge this through the Traffic Enforcement Centre but has not yet received a response.

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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. Mr Y has approached the Traffic Enforcement Centre about the issues he has raised about the Authority. The Traffic Enforcement Centre (TEC) is based in Northampton County Court. While Mr Y has complained about not having heard back from the TEC since May about his application, this would be a complaint to the court, rather than to us, or about the Authority so we cannot investigate this. As he has begun court proceedings about the PCNs issued by the Authority, we do not have the power in law to investigate.

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Final decision

5. We cannot investigate Mr Y’s complaint because he has already begun court proceedings with the Traffic Enforcement Centre about the matter.

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Investigator's decision on behalf of the Ombudsman