Birmingham City Council (25 013 722)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Jan 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has already sought a remedy through the Traffic Enforcement Centre.
The complaint
- Mr Y complained the Council has wrongly pursued him, despite evidence, for a Penalty Charge Notice (PCN) he says he does not owe as he has no connection with the vehicle involved and has wrongly been registered in his name by a dealership.
- Mr Y says this has led to him being pursued by enforcement agents for an amount he does not believe he owes, causing upset and worry.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
- 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)
How I considered this complaint
- I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y has complained the Council has pursued him wrongly for a PCN which he disputes liability for. Mr Y says he has no association with the vehicle but was wrongly named by a dealership on documents.
- Mr Y has applied to the Traffic Enforcement Centre (TEC), based at Northampton County Court, using a late witness statement, to seek permission to appeal the PCN to the Traffic Penalty Tribunal. However, the TEC has refused his application.
- As Mr Y has approached a court about the matter, we do not have the power in law to consider the complaint. Therefore, we cannot investigate this complaint.
Final decision
- We cannot investigate Mr Y’s complaint because Mr Y has already sought a remedy through the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman