Summary: We cannot investigate this complaint about a penalty charge notice issued by Transport for London for a parking contravention. The law provides a right of appeal to a tribunal against the penalty charge notice and the complainant has asked a court to restore that right.

The complaint

1. The complainant, who I refer to here as Miss B, complained because Transport for London (TfL) issued a penalty charge notice for a parking contravention. In summary, she says TfL continued recovery action and increased the amount she must pay even though she had challenged the penalty charge notice. She says TfL should give her the opportunity to pay the original penalty charge.

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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 law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The law further says we cannot investigate a complaint when someone has sought a remedy in court; we have no discretion in this. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the Miss B and TfL. I also considered our Assessment Code.

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My assessment

6. TfL enforces parking restriction and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. TfL and motorists must follow these procedures.
7. Miss B had a right of appeal against the penalty charge notice to London Tribunals which is a statutory tribunal. An appeal to London Tribunals is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 3 generally applies.
8. TfL registered the unpaid penalty charge as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court.
9. Miss B made a statutory declaration to the TEC which it accepted. As a result, TfL will issue another notice to owner and Miss B will have an opportunity to pay the original penalty charge or appeal to London Tribunals.

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Final decision

10. We cannot investigate Miss B’s complaint because she sought a remedy in court by making the statutory declaration.

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Investigator's decision on behalf of the Ombudsman