Transport for London (24 010 089)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 11 Oct 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about Transport for London’s handling of a penalty charge notice. This is because Mr X has applied to the Traffic Enforcement Centre at Northampton County Court to challenge its escalation of the case and we cannot consider a complaint about the same issue the court has already considered.
The complaint
- The complainant, Mr X, complains Transport for London (TfL) failed to respond to his representations against a penalty charge notice (PCN) or send him a document he needed to appeal against it. He says he only became aware TfL was pursuing the matter when enforcement agents (bailiffs) visited him at home and demanded payment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- When Mr X became aware TfL was pursuing the PCN despite him not having received a response to his representations or the ‘notice to owner’ he applied to the TEC to make a late statutory declaration. The TEC refused his application and gave Mr X the option to apply for a review of its decision.
- Because Mr X has asked the TEC to consider TfL’s escalation of the case we have no jurisdiction to investigate this complaint, which concerns the same issue.
Final decision
- We cannot investigate this complaint. This is because Mr X has applied to the TEC to make a late statutory declaration.
Investigator's decision on behalf of the Ombudsman