Transport for London (24 012 318)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 29 Oct 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about Transport for London’s decision to pursue a Penalty Charge Notice. This is because Mr X has challenged the Authority’s decision with the Traffic Enforcement Centre.
The complaint
- Mr X complains that Transport for London (TfL) unfairly issued a Penalty Charge Notice (PCN). He also complains about comments he received from a police officer at the time of the contravention. He found these comments Islamophobic.
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.
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has appealed TfL’s decision to pursue the PCN to the TEC, thereby placing the matter out of our jurisdiction. The TEC is the appropriate body to review such matters.
- Matters related to the conduct of a police officer are outside our jurisdiction. If Mr X remains unhappy with the comments made by a police officer, then he is able to complain to the police directly.
Final decision
- We cannot investigate Mr X’s complaint because he has challenged the Authority’s decision with the Traffic Enforcement Centre, thereby placing the matter outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman