Summary: We cannot investigate Mr X’s complaint about Transport for London’s issue of a penalty charge notice and its handling of his representations against it. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about Transport for London’s (TfL’s) handling of a penalty charge notice (PCN). He says the PCN was wrongly issued and despite explaining the situation in detail, TfL dismissed his appeal without properly addressing his points. He appealed to London Tribunals and TfL did not contest his appeal so London Tribunals cancelled the PCN. Mr X says he went to time and trouble, incurred expenses and lost income as a result of having to challenge the PCN and he wants compensation.

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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

Final decision

6. We cannot investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals. As set out at Paragraph 3 we cannot therefore investigate any complaint about TfL’s issue of the PCN or its handling of Mr X’s representations or appeal against it.

Back to top

Investigator's decision on behalf of the Ombudsman