Summary: We cannot investigate this complaint about a Penalty Charge Notice; this is because Mr X has made representations to the Traffic Enforcement Centre about the matter.

The complaint

1. Mr X complained the Council sent a Penalty Charge Notice (PCN) to an incorrect address, meaning he did not receive it. Mr X said the PCN then progressed to enforcement which caused stress and inconvenience. Mr X wanted the Council to cancel the PCN, cancel the enforcement, review its internal processes and provide financial compensation.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued Mr X a PCN in July 2024. Mr X says it sent notice to an incorrect address, so he was unable to pay the charge, as a result the Council registered the debt with the Traffic Enforcement Centre (TEC) and passed the PCN to Enforcement Agents.
6. The Council can issue a charge certificate which increases the fine by 50% if:
1. the fine is not paid;
2. the motorist does not appeal against the fine; or
3. an appeal is not successful
7. If the fine is still not paid, the authority can register the debt with the TEC at Northampton County Court. It can then ask enforcement agents (bailiffs) to collect payment for the fine and bailiff’s costs.
8. The motorist can apply to the TEC to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration.
9. If the motorist is successful, the TEC might order the authority to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiffs costs. It might also give them back their right to appeal.
10. If the motorist is too late to make a witness statement, they might be able to ask the TEC to look at their application ‘out of time’.
11. Mr X made representations to the TEC in March 2025 and August 2025 and his applications were rejected. Despite the TEC being unable to provide the remedy Mr X sought, the law says we have no power to investigate a complaint where a person has already sought a remedy through the courts. As Mr X used his right to apply to the court, we cannot now investigate his complaint.

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Final decision

12. We cannot investigate Mr X’s complaint because he has already made representations to the Traffic Enforcement Centre about the matter.

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Investigator's decision on behalf of the Ombudsman