Summary: The Ombudsman cannot investigate Mr X’s complaint about a penalty charge notice issued by Transport for London. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL). He is also unhappy TfL declined to cancel the PCN in response to his representations.

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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. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I reviewed Mr X’s complaint, made enquiries of TfL and considered its response.

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What I found

6. TfL issued Mr X a PCN for stopping on a red route in 2019. Mr X made representations against the PCN to London Tribunals but it declined to cancel it. He then appealed to London Tribunals. The adjudicator considered Mr X’s appeal but was not satisfied there was sufficient evidence to support his version of events; he therefore dismissed the appeal and ordered Mr X to pay the PCN.
7. Because Mr X has appealed against the PCN we retain no jurisdiction to investigate his complaint about the PCN or TfL’s decision not to cancel it.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman