Summary: We will not investigate Ms X’s complaint about the Council’s refusal to cancel a Penalty Charge Notice. This is because the matter could reasonably be, or has been, mentioned in court. Additionally, there is not enough evidence of fault by the Council.

The complaint

1. Ms X complained the Council refused to accept her evidence and cancel a Penalty Charge Notice (PCN). She said this caused her stress.

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The Ombudsman’s role and powers

2. 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))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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))
5. London Tribunals considers parking and moving traffic offence appeals for London.
6. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X received a PCN. She made formal representations and told the Council why she believed she should not receive a PCN. She complained the Council did not accept her evidence.
10. Following this, Ms X submitted a witness statement to the TEC. The TEC issued an order cancelling the charge certificate and the order for debt recovery action. Ms X complained the Council did not cancel the PCN after the order from the TEC.
11. We will not investigate Ms X’s complaint the Council did not accept her evidence. Ms X submitted a witness statement to the TEC and the TEC agreed to halt recovery action so that Ms X could appeal to London Tribunals. The law prevents the Ombudsman from considering complaints about matters already discussed in court or which could reasonably be raised in court during the proceedings. Ms X could have reasonably raised her concerns about the Council not accepting her evidence to the TEC and so we will not investigate this.
12. Nor will we investigate the Council’s enforcement of the PCN. The TEC order reinstated Ms X’s right of appeal against the PCN to London Tribunals. The tribunal is independent and has the power to cancel a PCN. We generally expect this process to be used. I have not seen anything to suggest it would not be reasonable for Ms X to appeal to the London Tribunals as it is only they that can cancel a PCN.

13. Finally, we will not investigate Ms X’s complaint the Council did not cancel her PCN after the TEC issued an order. The TEC order states it does not cancel the original PCN. Therefore, there is no fault by the Council by not cancelling the PCN after it received the TEC order.

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Final decision

14. We will not investigate Ms X’s complaint because the matter could reasonably be, or has been, mentioned in court. Additionally, there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman