Cheshire East Council (24 013 296)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 02 Dec 2024

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mrs Y has already been to court about the matter.

The complaint

  1. Mrs Y complained the Council has pursued her for payment of costs for enforcement agents relating to a Penalty Charge Notice (PCNs).
  2. Mrs Y says she has felt deeply upset and worried by the possibility and actual contact by enforcement agents.

Back to top

The Ombudsman’s role and powers

  1. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
  2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

  1. I considered information the Council and Mrs Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. Mrs Y approached the Traffic Enforcement Centre (TEC) based at Northampton County Court to appeal against a PCN. She made the appeal using a late witness statement, but this was refused by the court. The TEC have the power to remove enforcement charges when considering appeals such as the one Mrs Y has already made.
  2. As Mrs Y has already appealed to the TEC, who have had the opportunity to consider the debt owed, including the enforcement costs, we do not have the power to investigate Mrs Y’s complaint. We cannot investigate.

Back to top

Final decision

  1. We will not investigate Mrs Y’s complaint because Mrs Y has already been to court about the matter.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings