Birmingham City Council (23 016 637)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 13 Feb 2024

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has already sought a remedy through a court or tribunal.

The complaint

  1. Mr Y complained the Council wrongly said he had made representations against a Penalty Charge Notice (PCN) too late. Mr Y says this has meant he had to pay more than £500 for the penalty and costs.

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The Ombudsman’s role and powers

  1. The courts have said that where someone has sought a remedy by way of proceedings in any court of law or a tribunal, 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) (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

  1. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

  1. Mr Y has explained to us that he made representations to the Council against a PCN but these were rejected by the Council as they were not received by the Council within 28 days. Mr Y says he appealed to the Traffic Enforcement Centre but his appeal was rejected.
  2. As Mr Y has appealed the PCN to the Traffic Enforcement Centre, based at Northampton County Court, we cannot by law investigate his complaint. Consequently, we will not investigate.

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Final decision

  1. We will not investigate Mr Y’s complaint because he has already sought a remedy through a court or tribunal.

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Investigator's decision on behalf of the Ombudsman

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