Summary: We will not investigate this complaint about Transport for London’s failure to respond to Mr X’s representations against a penalty charge notice. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre at Northampton County Court to make a late statutory declaration.

The complaint

1. Mr X complains he did not receive a response to his representations against a penalty charge notice (PCN) issued by Transport for London (TfL). He says TfL then escalated the case and instructed enforcement agents (bailiffs) to visit his property. Mr X paid the PCN at an increased rate and wants TfL to refund part of his payment.

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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 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)
4. 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.

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How I considered this complaint

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

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My assessment

6. Because Mr X did not receive a response to his representations he may apply to the TEC to challenge TfL’s escalation of the case. He can do this by making an application to file a statutory declaration ‘out of time’.
7. If the TEC accepts Mr X’s application it may order TfL to take the process back to an earlier stage, reinstating his right of appeal and removing any additional charges from the amount owed. If the TEC refuses Mr X’s application he may apply for a review.
8. This process has been specifically designed to deal with issues such as the one Mr X describes and it is relatively easy to follow.

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Final decision

9. We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a late statutory declaration.

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Investigator's decision on behalf of the Ombudsman