Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice because it is reasonable to expect Mrs Y to pursue the matter through the Traffic Enforcement Centre and the Traffic Penalty Tribunal, and as she has already applied to the Traffic Enforcement Centre, we cannot investigate her complaint.

The complaint

1. Mrs Y complained the Council wrongly issued her a Penalty Charge Notice and then after she applied to the Traffic Enforcement Centre, did not stop its enforcement action against her leading to bailiff action continuing. She is also unhappy with how her complaint was dealt with.
2. Mrs Y says this caused embarrassment, anxiety and reputational damage. She has also said the issue has caused her upset, worry and disruption.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
6. 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)

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How I considered this complaint

7. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mrs Y has already made an application to the Traffic Enforcement Centre (TEC). She says enforcement action has continued despite this by the Council’s enforcement agents.
9. If the TEC accepts Mrs Y’s application to remove the charge certificate the bailiffs are seeking to enforce on the Council’s behalf, the TEC can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mrs Y’s right of appeal to the Traffic Penalty Tribunal (TPT). The TEC also has the power to remove any charges for enforcement action if it wishes. If Mrs Y is successful in her application, the TEC would be able to remove the charges potentially incurred by the enforcement action taken. Mrs Y can then decide if she wishes to appeal the PCN to the TPT or pay the penalty.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mrs Y has not provided any other reason why she cannot, it is reasonable to expect Mrs Y to use this right to appeal to both try to challenge the issuing of the PCN and the financial impact of the enforcement of the PCN. Therefore, we will not investigate this complaint.
11. 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, including the emotional impact Mrs Y has referred to. Consequently, as Mrs Y has already applied to the TEC based at the County Court in Northampton, we cannot investigate her complaint.
12. As we are unable to investigate the substantive issue, it is not a good use of public funds to investigate how the Council responded to or dealt with Mrs Y’s complaint. We will not investigate.

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Final decision

13. We cannot investigate Mrs Y’s complaint because it it is reasonable to expect Mrs Y to pursue the matter through the Traffic Enforcement Centre and the Traffic Penalty Tribunal, and as she has already applied to the Traffic Enforcement Centre, we cannot investigate her complaint.

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Investigator's decision on behalf of the Ombudsman