Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice. Mr X sought a remedy through the Traffic Enforcement Centre, and the notice was subsequently cancelled. The law says we cannot investigate where a person has already sought a remedy through a court.

The complaint

1. Mr X said the Council sent him an enforcement notice for an unpaid Penalty Charge Notice (PCN), for an offence he did not commit. Mr X filed a witness statement with the Traffic Enforcement Centre (TEC) because he believed this to be a case of mistaken identity. The TEC issued a revoking order and the PCN was cancelled.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits 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)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.

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How I considered this complaint

5. I considered information from the complainant and the Council, and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint because Mr X sought a remedy through the Traffic Enforcement Centre and the notice was subsequently cancelled.

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Investigator's decision on behalf of the Ombudsman