Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mrs X has already appealed to the Traffic Enforcement Centre about the same matter.

The complaint

1. Mrs X complained she did not receive correspondence from the Council relating to a Penalty Charge Notice until she was contacted by bailiffs.
2. Mrs X says the issue caused upset, worry and anxiety.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

4. I considered information Mrs X and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X submitted a late witness statement to the Traffic Enforcement Centre based at Northampton County Court. She did this to seek the right to appeal the PCN the Council issued and asked the TEC to take the process back to an earlier stage to allow this to happen.
6. As Mrs X has already started court action about the matter, we do not have the power in law to investigate her complaint. We cannot investigate.

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Final decision

7. We cannot investigate Mrs X’s complaint because Mrs X has already appealed to the Traffic Enforcement Centre about the same matter.

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Investigator's decision on behalf of the Ombudsman