Transport for London (21 016 958)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 21 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the authority recovering a traffic penalty for a vehicle which Mrs X had sold. The penalty was submitted to the adjudicator at the London Tribunals, and this is the proper authority to consider traffic penalty appeals.
The complaint
- Mrs X says the authority issued a traffic penalty for a van which she has already sold. She says it has delayed reimbursing her for the penalty and bailiff costs which she paid.
The Ombudsman’s role and powers
- London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
- We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X sold a vehicle but later received a traffic penalty because she says the DVLA had a delay in updating vehicle records during the pandemic. She was too late to submit an appeal but made a statutory declaration to the Traffic Enforcement Centre. The centre, which is a county court, cancelled the court warrant and referred the case back to the authority who submitted it to the London Tribunals to consider as an appeal.
- We will not investigate a complaint where there is a right to appeal to an independent tribunal and this has been pursued. The outcome of the appeal will be biding on the appellant and the authority. If the appeal is rejected Mrs X will be able to pay the penalty at the initial cost.
Final decision
- We will not investigate this complaint about the authority recovering a traffic penalty for a vehicle which Mrs X had sold. The penalty was submitted to the adjudicator at the London Tribunals, and this is the proper authority to consider traffic penalty appeals.
Investigator's decision on behalf of the Ombudsman