Summary: We will not investigate this complaint about a parking penalty because Mr Y has already approached the court about the same matter.

The complaint

1. Mr Y complained the Council wrongly issued him with a Penalty Charge Notice (PCN) and have unfairly pursued him for the penalty despite this causing him significant distress and worry and financial difficulty. Mr Y says he made representations to the Council on two occasions but the second did not receive a response.

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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)

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued a PCN to Mr Y in 2023. Mr Y says he made representations twice, but the second time, his representations were not responded to. Mr Y says the PCN was then passed to bailiffs who he says pursued him, causing him upset, during a time he says he was already distressed.
6. Mr Y has already approached the courts to seek an order to stop the recovery of the penalty amount. This was however refused. As Mr Y has already started court action about the matter, we do not have the power in law to investigate this complaint. Consequently, we will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because he has already approached the court about the same matter.

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Investigator's decision on behalf of the Ombudsman