Summary: We cannot investigate Mr X’s complaint about a penalty charge notice because he has used his right to submit a witness statement to the Traffic Enforcement Centre. The matter is therefore outside our jurisdiction.

The complaint

1. Mr X complains the Council issued him with a penalty charge notice (PCN) five months after the alleged offence. He also complains they failed to respond to his representation or allow further representations.

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 (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. A traffic contravention was committed in July 2024. The alleged offence was committed in a hire car.
8. The Council contacted the hire company and obtained a valid hire agreement between them and Mr X. The liability for the offence was then transferred to Mr X and he was issued a PCN in January 2025.
9. Mr X attempted to submit representations in December 2024 after being made aware a PCN had been issued to the hire company. He states he was unable to submit further representations after a PCN was issued to him due to an issue with the Councils system.
10. In February 2025 a charge certificate was issued.
11. Mr X complains the Council failed to follow the correct process by not considering representation and issuing the charge certificate.
12. However, Mr X has made a witness statement to the TEC. This process allows motorists to challenge a council’s escalation of a PCN and, if successful, the TEC may order the Council to take the PCN back to an earlier stage, removing the basis for any surcharges or bailiff fees and reinstating their right of appeal against the PCN. If the TEC refuses an application to make a late witness statement, the motorist may apply for a review of its decision.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because he has used his right to apply to the TEC to make a late witness statement.

Back to top

Investigator's decision on behalf of the Ombudsman