Summary: The Ombudsman cannot investigate Mr X’s complaint about a penalty charge notice. This is because he 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). The PCN has cost him more than £500.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I reviewed Mr X’s complaint and London Tribunals’ decision on his appeal.

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What I found

5. TfL issued Mr X two PCNs in 2019 for driving in the congestion charging zone without paying the charge. Mr X made representations against both PCNs but while TfL accepted his representations in one case it refused them in the other. Mr X appealed against the PCN which TfL refused to cancel but London Tribunals dismissed his appeal. Mr X complains TfL was inconsistent in its approach to his representations against the PCNs and would like it to cancel the second PCN and refund his payment to the bailiffs.
6. The Ombudsman cannot investigate this complaint. Mr X’s injustice stems from the PCN and because he has appealed against this we have no jurisdiction to investigate the matter.
7. Mr X suggests he did not receive London Tribunals’ decision and says he was unaware TfL was pursuing the case until its enforcement agents (bailiffs) contacted him demanding payment. But it was London Tribunals which issued the decision on his appeal and not TfL. Mr X may complain to London Tribunals if he believes it has not acted properly or alternatively he may wish to apply to the Traffic Enforcement Centre (TEC) to make a late statutory declaration to challenge TfL’s escalation of the case.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because Mr X has appealed to London Tribunals.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman