Summary: We cannot investigate Mrs X’s complaint about a penalty charge notice issued by Transport for London. This is because Mrs X had a right of appeal to London Tribunals and she has applied to the Traffic Enforcement Centre to restore this right.

The complaint

1. The complainant, Mrs X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for driving in the ultra-low emission zone without paying the charge. She says she paid the charge in time but missed her opportunity to appeal as she did not receive the PCN.

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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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.

Back to top

How I considered this complaint

7. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. There is a set procedure TfL must follow when issuing and pursuing PCNs for ultra-low emission zone contraventions. When it identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal. The Council will send the PCN to the address of the registered keeper, as held by the Driver and Vehicle Licensing Agency (DVLA).
9. The motorist has 28 days from the date of the notice to pay the penalty charge or make representations against it.
10. If the motorist does not pay the PCN or challenge it, or if their representations are unsuccessful, TfL may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid it may then register the debt with the TEC and serve an order for recovery, providing a basis for action by enforcement agents (bailiffs) to recover payment from the motorist.
11. In certain circumstances, including where the motorist did not receive the PCN, the motorist may apply to the TEC to take the process back to an earlier stage, removing the basis for any surcharges and bailiff fees and reinstating their right of appeal.
12. Mrs X has used this process and is waiting for the TEC to make a decision on her case. Because she has put the case to the TEC we cannot investigate her complaint. If the TEC accepts Mrs X’s application we would expect her to appeal against the PCN, firstly to TfL and then to London Tribunals. If the TEC refuses Mrs X’s application she may apply for a review of its decision.

Back to top

Final decision

13. We cannot investigate this complaint. This is because Mrs X had a right of appeal to London Tribunals and she has applied to the TEC to restore this right.

Back to top

Investigator's decision on behalf of the Ombudsman