Transport for London (25 028 123)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 03 Mar 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Mr X has used his right to apply to the Traffic Enforcement Centre to submit a statutory declaration out of time.
The complaint
- Mr X complained Trasport for London issued him an incorrect Penalty Charge Notice (PCN). He said it refused to reply to his letters and did not allow him to appeal. He said it caused him distress and had been time consuming. He wants the Council to examine its information in respect of the bay he stopped in.
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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).
- 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.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Transport for London issued Mr X a PCN. Mr X said he tried to appeal the PCN, but Transport for London did not respond to his letters.
- Mr X applied to the TEC to submit a statutory declaration out of time which it refused. We cannot investigate this complaint because Mr X used his right to apply to the TEC to make a late witness statement and therefore it is out of our jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because Mr X has used his right to apply to the Traffic Enforcement Centre to submit a statutory declaration out of time.
Investigator's decision on behalf of the Ombudsman