Summary: The complainant says TfL instructed enforcement agents to pursue him for a debt he was not aware of. The Ombudsman will not investigate this complaint. There is a right of appeal to the Traffic Enforcement Centre which we expect Mr B to use.

The complaint

1. The complainant, who I will call Mr B, says Transport for London (TfL) has directed enforcement agents to recover a debt which he did not no anything about.
2. He wants TfL to cancel the debt or agree to an affordable payment plan.

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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)

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How I considered this complaint

5. I considered the information provided by Mr B.

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What I found

6. TfL enforces the Ultra Low Emissions Zone (ULEZ). It takes recovery action using procedures set out in the Greater London Authority Act 1999 and associated Regulations. TfL and motorists must follow these procedures, although TfL has discretion not to pursue a penalty charge if it believes there are good reasons for this.
7. There is a right of appeal against penalty charge notices issued by TfL to London Tribunals which is a statutory tribunal. An appeal to London Tribunals is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 4 generally applies.
8. Mr B says he received a penalty charge notice (PCN) for driving in the ULEZ in June 2019. He says he appealed against the charge and heard nothing more from TfL. He has recently received a visit from enforcement agents acting for TfL. The debt for the unpaid charge has increased to over £1200 which Mr B says he cannot pay.
9. The Ombudsman does not intend to investigate this complaint. Because Mr B did not receive TfL’s correspondence, rejecting his appeal, he may apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to make a late statutory declaration. If the TEC accepts Mr B’s application, it may cancel TfL’s escalation of the case and order it to reissue the PCN. Mr B may then pay the fine at the original amount. If the TEC refuses Mr B’s application, he may apply for a review of its decision. I have seen nothing to suggest it would be unreasonable to expect Mr B to use this process and I do not intend to exercise our discretion to investigate his complaint.

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Final decision

10. I will not investigate this complaint. Mr B has a right to make a late statutory declaration to the TEC. I see no reason why he should use this right.

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Investigator's decision on behalf of the Ombudsman