Summary: We cannot investigate this complaint about the enforcement of a penalty charge notice. This is because Miss X took her case to court and the matter is now no longer within our remit.

The complaint

1. Miss X complains the Council sent a penalty charge notice (PCN) it issued to her to the wrong address. Miss X complains she was not aware of the PCN until it was passed to the Council’s enforcement agents. Miss X is unhappy about having to pay the increased costs of the PCN and the threat of action by the enforcement agents.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

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

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My assessment

6. Miss X used the procedure provided in law to challenge the Council’s enforcement of the PCN by asking the court at the Traffic Enforcement Centre (TEC) to consider her case. The TEC refused Miss X’s case, explaining why in its decision letter to her.
7. I recognise the TEC did not provide the outcome Miss X sought, but as she took the matter to court, we no longer have any remit or discretion to investigate, and we cannot do so, as per paragraph three.

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Final decision

8. We cannot investigate Miss X’s complaint because it is no longer within our remit as Miss X took the matter to court.

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Investigator's decision on behalf of the Ombudsman