Summary: We will not investigate this complaint about penalty charge notices (PCNs). This is because it is reasonable for Mr X to take court action.

The complaint

1. Mr X complains about the way Transport for London (TfL) has dealt with the PCNs it has issued. He says that TfL acted unlawfully and he has suffered financial loss because of this. Mr X represents a company of which he is director.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. TfL has taken enforcement action against Mr X’s business for unpaid PCNs it issued against a vehicle for driving in the London Ultra Low Emission Zone (ULEZ) without paying. TfL subsequently seized the car.
6. Mr X says was unlawful due to matters concerning the car’s ownership and use and caused stress, significant operational disruption to his company resulting in financial loss, and reputational damage. Mr X would like compensation for financial loss including consequential loss, loss of use and distress.
7. Essentially, Mr X’s complaint is an argument that TfL acted unlawfully. He says TfL is guilty of torts (a legal concept) and misinterpreted a letter from the Traffic Enforcement Centre (part of the county court). Mr X says this caused damage for which he wants compensation for his business. The courts can decide such matters, so the restriction in paragraph 2 applies to the complaint. I note Mr X threatened to take court action.
8. It is properly for the courts to decide questions of lawfulness and legal interpretation. Also, assessing losses and calculating compensation are more appropriately for the courts than for us. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. Mr X could ask the court for some of his costs if his court action succeeds.
9. In the circumstances, it is reasonable to expect Mr X to use his right to go to court

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to use his right to take court action.

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Investigator's decision on behalf of the Ombudsman