Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant confirms they have appealed against the Notice and therefore the complaint is outside our jurisdiction.

The complaint

1. Ms X complains the Council issued her a Penalty Charge Notice (PCN). She says it failed to tell her it had passed the matter to bailiffs. After bailiffs contacted her, Ms X paid the part of the penalty and associated costs.
2. She wants the PCN cancelled, her part payment refunded and an apology.

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The Ombudsman’s role and powers

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

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

We will not investigate Ms X’s complaint because she says she has used her right of appeal to the. The law says we cannot now investigate her complaint.

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Investigator's decision on behalf of the Ombudsman