Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice. This is because Mr X has taken the matter to court.

The complaint

1. Mr X complains about the Council’s decision to increase a Penalty Charge Notice (PCN) due to non-payment. He says he did not receive any notification about the PCN or else he would have paid it.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because he has started court action.

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Investigator's decision on behalf of the Ombudsman