Summary: We will not investigate this complaint about a Penalty Charge Notice because Miss Y has already appealed to the Traffic Enforcement Centre and there is not enough evidence of fault to justify investigating.

The complaint

1. Miss Y complained the Council wrongly issued a Penalty Charge Notice (PCN) to her, despite displaying a valid carers permit. She is also unhappy the Council took enforcement action at her parents’ address, which she does not live at, and this caused her parents distress.
2. Miss Y says the issue caused her and her family distress and feels the PCN is unfair.

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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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)
6. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

8. Miss Y has told us that she went to court about the PCN matter. We cannot investigate a complaint if someone has started court action about the matter. As Miss Y has approached the Traffic Enforcement Centre (TEC), based at Northampton County Court, we cannot investigate her complaint about the PCN itself.
9. Miss Y has also complained the Council contacted her at her parent’s address. The Council must send letters to the registered keeper of a vehicle. Councils get the records to do this from the DVLA. It is the responsibility of the registered keeper to ensure their address up to date with the DVLA.
10. Had Miss Y have wished to alter the address on the Order for Recovery; this is something she could have asked the TEC to do. However, when the TEC decided the PCN was enforceable, the Council could enforce the penalty at the address provided to it by the DVLA at any time. Consequently, there is not enough evidence of fault to justify investigating.

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Final decision

11. We will not investigate Miss Y’s complaint because Miss Y has already appealed to the Traffic Enforcement Centre and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman