Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has already started court action about the matter.

The complaint

1. Mr Y complained the Council has pursued him for a penalty he has already paid. Mr Y says he paid for his vehicle to be released from a car impound and the additional action against him is causing him to feel anxious and distressed.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have established that if someone has appealed, the law says we cannot investigate any matter which was part of, was connected to, or could have been part of, the appeal. (R (on application of Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207)

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How I considered this complaint

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

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My assessment

6. Mr Y received a Penalty Charge Notice (PCN) in May 2022. He submitted a Witness statement to the Traffic enforcement Centre, based at Northampton County Court in August 2022. As he has started court action about the matter, the law says we do not have the power to investigate his complaint. Consequently, we will not investigate this matter.

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Final decision

7. We will not investigate Mr Y’s complaint because Mr Y has already started court action about the matter.

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Investigator's decision on behalf of the Ombudsman