Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because Miss X used her right of appeal to the Traffic Enforcement Centre. Therefore, her complaint is outside of our jurisdiction. Miss X has not suffered significant injustice in relation to the remaining issues complained about.

The complaint

1. Miss X complains the Council provided the Traffic Enforcement Centre (TEC) with wrong information resulting in her appeal being refused. She says a separate Penalty Charge Notice (PCN) was wrongly issued, unlawfully enforced, and then cancelled. Miss X says these issues have caused her significant distress, hardship and disrupted her ability to care for her mother. Miss X wants the Council to issue an apology, provide compensation and suspend all enforcement until the court’s decision.

Back to top

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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X complained the Council told the TEC that she had not made any representations for a PCN, this meant her right of appeal was rejected.
8. Miss X disputed this and applied to the TEC for a review of this decision. The TEC accepted Miss X’s application. We cannot investigate a complaint if someone started court action about the matter.
9. Miss X says the Council continued enforcement action while the matter was with the TEC. However, the Council has confirmed all enforcement action is paused until the court’s decision. The visit from enforcement officers related to a PCN issued in 2022.
10. Miss X complained the Council wrongly issued another PCN which they unlawfully enforced and then cancelled.
11. Miss X appealed to the Council, it admitted it had provided Miss X with the wrong information, which resulted in her being issued with a PCN.
12. Although the Council admitted to providing Miss X with wrong information, it remedied the issue by cancelling the PCN and any associated debt. I have decided not to investigate as any injustice is not significant enough to justify our involvement.

Back to top

Final decision

13. We will not investigate Miss X’s complaint because she has already used her right to take the matter to the TEC and the complaint is therefore outside our jurisdiction. Miss X has not suffered significant injustice in relation to the remaining issues complained about.

Back to top

Investigator's decision on behalf of the Ombudsman