Summary: We cannot investigate this complaint about the enforcement of a parking penalty charge notice as the matter is now outside our legal remit since the complainant asked the court to consider her case.

The complaint

1. Miss X complains the Council sent notices about a parking penalty charge notice (PCN) to the wrong address. Miss X paid the fine but would like a refund. Miss X says this put her into debt and that she was caused worry.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says she only received notices about a PCN when a new neighbour passed the letters to her. At this point, Miss X used the procedure provided in law to challenge the enforcement of the PCN by asking the court at the Traffic Enforcement Centre (TEC) to consider her case. The TEC refused Miss X’s request and so the enforcement of the PCN continued.
7. While I recognise Miss X wishes to challenge the matter further, we are unable to investigate. As per paragraph three, as Miss X sought a remedy in court, we no longer have any legal remit to become involved.

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Final decision

8. We cannot investigate Miss X’s complaint because she used her court remedy and we no longer have any legal remit over the matter.

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Investigator's decision on behalf of the Ombudsman