Summary: We cannot investigate this complaint about the Council’s enforcement of a penalty charge notice as Mr X’s case has been considered by the court and is now no longer within our remit.

The complaint

1. Mr X complains the Council’s enforcement agents took payment from him for a penalty charge notice (PCN) he says he had already paid. Mr X says this caused him upset and he seeks a refund.

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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. When contacted by the Council’s enforcement agents, Mr X made a late statutory declaration to the court at the Traffic Enforcement Centre (TEC) about his case. As this matter has been considered by a court, we cannot now investigate, as per paragraph three.

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Final decision

7. We cannot investigate Mr X’s complaint because since he asked the court to consider the matter, it is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman