Summary: We cannot investigate this complaint about the Council’s handling of a penalty charge notice as Mr X asked the court to consider his case and the matter is therefore no longer within our remit.

The complaint

1. Mr X complains the Council failed to show compassion when it escalated the recovery of an unpaid penalty charge notice (PCN), for a moving traffic contravention, to its enforcement agents, despite Mr X saying he told the Council he had been abroad for several months due to a family bereavement. Mr X accepts the PCN but would like a refund of the extra fees and enforcement fees he paid to the enforcement agents.

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. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council advised Mr X to take his case to the court at the Traffic Enforcement Centre (TEC). Mr X did this but says he has not heard back from it.
7. As per paragraph three, as Mr X sought a remedy in court, we can no longer investigate. I note what Mr X says about not receiving a response from the TEC, but he would need to follow this up with that body. We have no remit over the actions of the TEC.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint as it is no longer within our legal remit as Mr X sought a remedy via the court at the TEC.

Back to top

Investigator's decision on behalf of the Ombudsman