Summary: We will not investigate this complaint about a penalty charge notice for the London Congestion Charge. It is reasonable to expect Mr X to use his right to appeal to the independent adjudicator if Transport for London does not cancel the penalty charge.

The complaint

1. Mr X complains that Transport for London (TfL) issued a penalty charge notice for driving in the London congestion charge zone, despite Mr X having paid the congestion charge. He states this resulted in TfL demanding he pay £80.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X states he paid the £15 charge for taking his car into the London congestion zone. He says despite his payment, TfL sent him a penalty charge notice asking him to pay £80 for driving in the zone without paying. Mr X says he sent TfL evidence from his bank account showing the £15 payment. Mr X complained to us shortly after sending his representations to TfL.
7. TfL can consider Mr X’s representations and can cancel the penalty charge if it believes the circumstances justify that. If TfL does not accept the representations, it has to tell Mr X its decision. Mr X will then have the right to appeal to an independent adjudicator. Grounds of appeal include that the charge had been properly paid at the relevant time. Therefore the restriction in paragraph 2 applies.
8. The law expressly provides the appeal right, the adjudicator has the expertise to consider the matter and can overturn the penalty charge, whereas if we investigated we could only make recommendations. Therefore, if TfL does not accept Mr X’s representations, I consider it would be reasonable for Mr X to use his appeal right.

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Final decision

9. We will not investigate Mr X’s complaint because he can appeal to the adjudicator (the tribunal) if TfL does not cancel the penalty charge.

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Investigator's decision on behalf of the Ombudsman