Transport for London (24 012 519)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 31 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about enforcement of a penalty charge notice as Mr X can ask the court to consider his case.
The complaint
- Mr X complains Transport for London (TfL) sent him an order for recovery for a penalty charge notice (PCN) he says he had received no prior notification of. Mr X wants to be able to pay the original charge.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Parliament has provided a mechanism by which motorists in Mr X’s position can challenge the enforcement of PCNs. Mr X can make a statutory declaration to the Traffic Enforcement Centre (TEC), which is part of the county court system, and it will consider his case.
- As this is the prescribed procedure provided in law, it is reasonable to expect Mr X to follow it and we will not therefore investigate.
Final decision
- We will not investigate Mr X’s complaint because he can ask the TEC to consider his case.
Investigator's decision on behalf of the Ombudsman