Summary: Mr X complains about Transport for London issuing him with a Penalty Charge Notice and its handling of the representations he made against it. We cannot not investigate the complaint because Mr X appealed to the London Tribunals and so the complaint falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Penalty Charge Notice (PCN) issued to him by Transport for London (TfL) and about its handling of the representations he made against it. He says the issuing of the PCN was unfair and that he should have had help from TfL with his representation.

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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 appealed to a tribunal. (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. In considering the complaint I reviewed the information provided by Mr X and TfL. I gave Mr X the opportunity to comment on my draft decision.

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What I found

6. TfL issued Mr X with a PCN for a parking offence. Mr X says he made a Representation against the PCN. TfL says it has no record of him challenging the PCN through the representations and appeals process. As no payment or representation was received an order was made to recover the outstanding debt from Mr X.
7. Mr X then filed a Witness Statement with the London Tribunals to challenge the PCN on the basis that he had not received a Notice of Rejection from TfL in response to his representation. The Tribunal considered his case but directed Mr X to pay the charge which he subsequently did.
8. TfL has advised us that Mr X did not make it aware of any disability that would have prevented him from making representations in the prescribed manner.

Assessment

9. Mr X appealed his case to the Tribunal and having done so we cannot investigate his complaint as it falls outside our jurisdiction.

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Final decision

10. We cannot investigate this complaint. This is because Mr X appealed to the London Tribunals and so the compliant falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman