Summary: We cannot investigate this complaint about the enforcement of a penalty charge for a parking contravention. This is because the complainant has already pursued a court remedy.

The complaint

1. Mr X complains about the Council pursuing enforcement action for a penalty charge notice (PCN) he received for a parking contravention.

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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. Case law confirms 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)
5. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to register an unpaid penalty charge as a debt. Motorists can also apply to the TEC to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration. If a motorist’s application is successful, the TEC can take the enforcement process back to an earlier stage. If the motorist is too late to make a witness statement they might be able to ask the TEC to look at their application ‘out of time’. If the TEC refuses a motorist’s application, the motorist may apply for a review of its decision by a district judge at the County Court.

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How I considered this complaint

6. I considered:
• information provided by Mr X and the Council. This included the evidence the Council submitted to the County Court, in response to Mr X’s application for a review of the TEC’s decision.
• the Ombudsman’s Assessment Code.

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My assessment

7. Mr X applied to the TEC to submit a late witness statement, but his application was refused. He then applied for a review of the TEC’s decision by a district judge at the County Court, where a payment plan to settle the outstanding debt was subsequently agreed.
8. With reference to paragraphs 3 to 5 above, as Mr X has used this court remedy, the complaint is outside of our jurisdiction, and we cannot investigate it.

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Final decision

9. We cannot investigate Mr X’s complaint because he has already pursued a court remedy.

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Investigator's decision on behalf of the Ombudsman