Summary: We cannot investigate Ms X’s complaint about Penalty Charge Notices. This is because she asked the Traffic Enforcement Centre at Northamptonshire County Court to consider her case, so it is no longer in our jurisdiction.

The complaint

1. Ms X complains about Penalty Charge Notices (PCNs).

Back to top

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. 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)
4. The Traffic Enforcement Centre is part of Northamptonshire County Court. It considers applications from local authorities to pursue payment of unpaid Penalty Charge Notices and from motorists to challenge local authorities’ pursuit of unpaid Penalty Charge Notices.

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Council issued Penalty Charge Notices to Ms X. Ms X says she had genuine reasons for missing the original payment deadline and asked the Traffic Enforcement Centre to consider her case.
8. We cannot investigate a matter which has already been considered by the court.

Back to top

Final decision

9. We cannot investigate Ms X’s complaint because Ms X appealed to the Traffic Enforcement Centre so it is out of our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman