Summary: We will not investigate this complaint about a Penalty Charge Notice because Mr Y has already used his right to appeal to the Traffic Enforcement Centre.

The complaint

1. Mr Y complained the Council agreed to reduce a PCN to the original penalty amount after he did not receive correspondence prior to an Order of Recovery being issued but later failed to do so.
2. Mr Y says this has caused him upset and worry.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. The Council issued a Penalty Charge Notice to Mr Y in 2022. Mr Y says he was unaware of the PCN until February 2023. He then made a statutory declaration to appeal the PCN out of time, but this was refused by the Traffic Enforcement Centre, based at Northampton County Court in September. He then paid the PCN in October 2023 before approaching us.
6. As Mr Y has already used his right to approach the Traffic Enforcement Centre, we cannot, by law, investigate his complaint. As we do not have the power to investigate, we will not consider this complaint further.

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Final decision

7. We will not investigate Mr Y’s complaint because Mr Y has already used his right to appeal to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman