Summary: We cannot investigate Mr X’s complaint about a bus lane contravention. This is because the matter has been considered in court. Nor will we investigate a complaint about enforcement action, because that is a late complaint and there are no good reasons why it could not have been made sooner.

The complaint

1. Mr X complained that the Council mishandled his Penalty Charge Notice (PCN) and about the conduct of the Council’s Enforcement Agents. Mr X stated that this has caused him emotional distress and financial hardship. He would like the Council to refund the charge to impound his car and apologise for the conduct of the Enforcement Agent.

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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. 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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. The Council issued Mr X a PCN for a bus lane contravention in winter 2022. 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.
8. Mr X said he was unaware of the PCN until Enforcement Agents impounded his car in Summer 2023. Mr X then paid the PCN and the impound charge. Mr X stated that the Enforcement Agents were aggressive.
9. Mr X said that when he moved house, he updated his address with the DVLA for his driving licence, but not for the vehicle log book.
10. Mr X asked the court for an out of time statutory declaration in autumn 2023. The court can issue a statutory declaration if it decides the applicant did not receive the Notice to Owner (NTO). The statutory declaration was rejected in winter 2023.
11. 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 in matters relating to the PCN including the recovery fees.
12. In addition, Mr X’s complaint about the conduct of the Enforcement Agents relates to matters that took place more than 12 months ago. Therefore, this part of the complaint is late, and I have not seen any good reason to investigate such a late complaint.

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Final decision

13. We cannot investigate Mr X’s complaint because the matter has been considered in court and parts of his complaint is late.

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Investigator's decision on behalf of the Ombudsman