Summary: We will not investigate this complaint about penalty charge notices issued by the Council for bus lane contraventions. The complainant had a right of appeal against each penalty charge notice and can ask a court to restore that right if he says he did not receive a particular penalty charge notice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about penalty charge notices issued by the Council and how it has dealt with his complaints about these.

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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. 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. The law also says we cannot normally investigate a complaint when someone can seek a remedy in court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. It is not a good use of our resources to investigate how a council has dealt with a complaint where we will not investigate the main issue.

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How I considered this complaint

6. I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before I made this decision.

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What I found

Procedural Background

7. The procedures for enforcing bus lane contraventions in London are set out in the London Local Authorities Act 1996. Councils and motorists have to follow these procedures.
8. The 1996 Act provides a right of appeal against a penalty charge notice to London Tribunals which is a statutory tribunal. For this reason, the restriction I describe in paragraph 3 generally applies to a complaint that a council should not have issued a penalty charge notice.
9. If a penalty charge remains unpaid, a council can register it as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. If a motorist says they did not receive a penalty charge notice, they can make a statutory declaration to the TEC. If the TEC accept this, the council will issue a new penalty charge notice which provides a new right of appeal to London Tribunals. This will also remove any additional costs that may have been added. If the TEC does not accept a statutory declaration, the motorist can ask a District Judge at their local county court to review the TEC’s decision.

Analysis

10. The Council issued 19 penalty charge notices to Mr B because he had repeatedly driven in a bus land during the hours of operation. Although the alleged contravention was the same in every case, each penalty charge notice is separate and needs to be dealt with in accordance with the statutory procedures
11. Mr B had a right of appeal against each penalty charge notice to London Tribunals. There is no reason the restriction I describe in paragraph 3 should not apply. We cannot therefore investigate whether the Council should have issued any of the penalty charge notices.
12. If the Council receives no payment for any penalty charge notice, it can register the penalty charge as a debt with the TEC. Mr B says he did not receive some of the penalty charge notices. It is therefore open to him to make a statutory declaration to the TEC. I see no reason he should not be expected to do this and so the restriction I describe paragraph 4 applies.
13. As we will not look at the central issues, we will not investigate how the Council has dealt with Mr B’s complaints about the Council’s actions.

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Final decision

14. I have decided we will not investigate this complaint for the reasons set out in paragraphs 11,12 and 13.

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Investigator's decision on behalf of the Ombudsman