Summary: We cannot investigate this complaint about the Council’s enforcement of two penalty charge notices for bus lane contraventions. This is because Mr X has already used his right to ask the Traffic Enforcement Centre to consider his case, which places the matter outside our remit.

The complaint

1. Mr X complains the Council and its enforcement agents failed to make sufficient efforts to check his correct address before taking enforcement action for two penalty charge notices (PCNs). The Council issued the PCNs for two bus lane contraventions in January 2025. He says the Council sent statutory notices to his previous address and he first became aware of the PCN when he received a notice of enforcement from an enforcement agent. Mr X says he updated the DVLA before the charge certificates and orders for recovery of unpaid penalty charges were issued.

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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. 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.

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How I considered this complaint

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

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My assessment

7. In January 2025, the Council issued two PCNs to Mr X following bus lane contraventions.
8. In February, the Council issued two charge certificates. These were followed by two orders for recovery of unpaid penalty charges issued by the TEC in April.
9. Mr X complains he did not receive the original PCNs and subsequent notices because the Council sent them to his previous address. He says he contacted the DVLA in February to update his address, before the Council issued the charge certificates. Mr X complains the Council failed to check his address before taking enforcement action.
10. In July, Mr X told the Council that he had filed a late appeal with the TEC. Mr X asked the TEC to allow his late statutory declaration because he said he had no prior knowledge of the PCNs and had not received any of the notices the Council had sent because they were not properly served. He says if the Council had checked his address before issuing the charge certificate then this would have prevented the situation.
11. Mr X went on to pay the original PCNs.
12. Because Mr X has challenged the Council’s pursuit of the PCNs with the TEC, the law says we have no jurisdiction to consider those same matters now. This includes whether Mr X remains liable for any enforcement agent charges and any associated debts.

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Final decision

13. We cannot investigate this complaint about the Council’s enforcement of two penalty charge notices for bus lane contraventions. This is because Mr X has already used his right to ask the Traffic Enforcement Centre to consider his case, which places the matter outside our remit.

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Investigator's decision on behalf of the Ombudsman