Summary: We will not investigate this complaint about TfL’s decision to serve Mrs X with a penalty charge notice. This is because she had right of appeal to the London Tribunals, and she has used it.

The complaint

1. Mrs X complained TfL refused to cancel a Penalty Charge Notice (PCN) after she made representations against the charge.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X made representations to TfL after receiving a PCN following a recent journey to London. TfL did not accept Mrs X’s reasons for not paying the charge.
8. Mrs X then appealed the PCN to the London Tribunals, but it refused the appeal.
9. Mrs X remains unhappy with the situation and wants us to find TfL at fault. There is no evidence of fault in the way TfL issued the PCN. Mrs X has now used her right of appeal and so we cannot consider these issues.

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Final decision

10. We will not investigate Mrs X’s complaint because she had right of appeal to the London Tribunals, and she has used it.

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Investigator's decision on behalf of the Ombudsman