Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.

The complaint

1. Mr Y complained the Authority (TfL) has failed to cancel a Penalty Charge Notice (PCN) when Mr Y forgot to renew his exemption certificate for payment to enter the Congestion Charge zone, due to his dementia and brain damage.
2. Mr Y says his mental health has been affected and he cannot pay the PCN as he is unable to work due to his illness.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)
6. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y agrees that he did not renew his exemption certificate for payment to drive in the Congestion Charge zone on time. He then drove in the zone without paying the charge and TfL issued a PCN to him for failure to pay the charge. Mr Y says he was then able to renew the exemption certificate and feels that because he was able to renew the certificate, the PCN should be cancelled as he is able to show he was exempt both before and after he entered the zone. Mr Y says that TfL have however, refused to cancel the PCN as Mr Y did not hold an exemption certificate at the time he entered the zone.
9. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN and reinstate his right to appeal to the London Tribunals if he wishes to challenge the PCN’s validity because he believes he should have been exempt from the charge. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it to the Authority initially and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty at a lower amount.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, we would consider it reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.

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Investigator's decision on behalf of the Ombudsman