Summary: We will not investigate this complaint about a parking penalty charge notice (PCN). This is because Mr X has used his court remedy as he has applied to the Traffic Enforcement Centre and so we cannot investigate.

The complaint

1. Mr X complains the Council did not follow the correct procedure regarding a PCN when he had appealed to the Traffic Enforcement Centre (TEC). He also says the Council breached data protection law in using out of date information. He says the Council unfairly pursued recovery of the PCN using enforcement agents. This caused him and his family distress and anxiety.

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The Ombudsman’s role and powers

2. 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).
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).

The Traffic Enforcement Centre (TEC)

4. The 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.
• The motorist can apply to the TEC to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration.
• If the motorist is successful, the TEC might order the authority to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiff’s costs. It might also give them back their right to appeal.
• If the motorist is too late to make a witness statement they might be able to ask the TEC to look at their application ‘out of time’. If the TEC will not look at the application ‘out of time’ they might be able to ask them to review their decision.

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the matters set out in paragraph s.
7. 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 distress Mr X complained about. Mr X applied to the TEC based at the County Court in Northampton, so we cannot investigate his complaint.
8. Mr X complained about the Council using inaccurate data. It is reasonable to expect him to refer the matter to the Information Commissioner. We will not investigate.
9. Mr X has complained about complaint handling. However, 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 Mr X’s complaint. We will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because he has applied to the TEC. He has used his court remedy and so we are unable to investigate.

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Investigator's decision on behalf of the Ombudsman