Transport for London (24 018 981)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 05 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a penalty charge notice. This is because it would be reasonable for Mr X to appeal.
The complaint
- Mr X complains Transport for London (TfL) issued him a penalty charge notice (PCN) for driving in the ultra-low emission zone (ULEZ) without paying the charge. He says the car had been taken for non-payment of road tax and was on a trailer when it was driven into the ULEZ.
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 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)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate this complaint. This is because the validity of the PCN is a matter for the appeals process and I have seen nothing to show it would be unreasonable to expect Mr X to appeal. I will not therefore exercise my discretion to investigate the complaint.
Investigator's decision on behalf of the Ombudsman