Coventry City Council (24 020 480)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 24 Mar 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the matter has been considered in court.
The complaint
- The complainant, Mr X, complains about a Penalty Charge Notice (PCN) that he was unaware of until he was contacted by bailiffs. Mr X wants the Council to revoke the PCN.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes a copy of the court decision. I also considered our Assessment Code.
My assessment
- The Council issued a PCN for a bus lane contravention. The Council obtained Mr X’s address from the DVLA and sent him the PCN. Mr X did not challenge nor pay the PCN so the Council registered the fine in court and instructed bailiffs.
- Mr X says he was unaware of the PCN until he was contacted by bailiffs. Mr X says that when he moved house he updated the DVLA for his licence but not for the vehicle V5.
- Mr X asked the court for a statutory declaration. The court can issue a statutory declaration if it decides the applicant did not receive the Notice to Owner (NTO). If the court grants a statutory declaration, councils must take the PCN back to the NTO stage and the court action is cancelled.
- The Council decided not to grant a statutory declaration. This means the Council can continue to enforce the fine through bailiffs. Mr X says he intends to apply for a review of the court’s decision. The Council says it has not been notified that the court’s decision has been changed.
- The law says we cannot investigate any matter that has been considered in court. Mr X asked the court to issue a statutory declaration and the court made a decision. This means we have no power to start an investigation and cannot intervene. This restriction applies even though Mr X continues to dispute the PCN and disagrees with the court’s decision.
Final decision
- We cannot investigate Mr X’s complaint because the issue has been considered in court.
Investigator's decision on behalf of the Ombudsman