Summary: We cannot investigate this complaint about the enforcement of a penalty charge notice as Mr X asked the court to consider his case and we no longer have any remit over it.

The complaint

1. Mr X complains he received no notification of a penalty charge notice (PCN) the Council had issued to him until the Council’s enforcement agents (bailiffs) came to his address. Mr X asked the court at the Traffic Enforcement Centre (TEC) to consider his case against the enforcement, but it did not accept his request.

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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. 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

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

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My assessment

6. As per paragraph three, as Mr X sought to address this matter in court, we can no longer investigate the Council’s handling of the PCN.
7. We have no remit over the decisions of the TEC and so we cannot investigate its decision on Mr X’s case.

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Final decision

8. We canot investigate Mr X’s complaint because it is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman