Summary: We cannot investigate this complaint about a Penalty Charge Notice. Miss C has already made a statutory declaration to the courts to remedy part of the complaint, and it would be reasonable for her to use her right to appeal to London Tribunals if the court restores it.

The complaint

1. Miss C complains about a Penalty Charge Notice (PCN) for driving in the London Congestion Charge Zone (CCZ) and failing to pay the required fee. The PCN was issued by Transport for London (TfL).

Back to top

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. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
5. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

6. I read the complaint made by Miss C. I gave her chance to comment on a draft before reaching a final decision.

Back to top

What I found

7. Miss C says she was travelling to work in her vehicle when she was directed into the CCZ due to a bridge closure. She received a PCN for not paying the relevant charge.
8. Miss C says she completed an online appeal form but did not receive any confirmation it was received, or any response from TfL. The PCN amount was increased due to no payment being made. Miss C says she contacted TfL again and was asked to make a statutory declaration.
9. Miss C says she has now made a statutory declaration, and this is under review. This includes looking into the circumstances of the offence and the technical difficulties when trying to make an appeal. If the court accepts the statutory declaration it may restore Miss C’s right to appeal about the PCN.

Back to top

Final decision

10. We will not investigate this complaint. This is because Miss C has already applied to court to deal with of her complaint, and it would be reasonable for Miss C to use her right of appeal to a tribunal against the original PCN.

Back to top

Investigator's decision on behalf of the Ombudsman