The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about Transport for London issuing a penalty charge notice (PCN) and pursuing the debt when not paid. Transport for London has agreed to allow Ms X to pay the PCN at the discounted rate. We cannot lawfully investigate the issuing of the PCN because Ms X used her right of appeal to the parking adjudicator.
The complaint
Ms X complains Transport for London, in July 2021, issued a penalty charge notice following her parking in a restricted location because road signs were not properly displayed. Ms X says in October she lost her appeal to the London Tribunals against the PCN and her request to appeal the adjudicator’s decision was refused. Ms X says her evidence was not properly considered and she wants the PCN cancelled.
Ms X complains when she tried to pay the penalty charge notice, in November, the Transport for London website was showing the full amount rather than the discounted rate of 65 pounds. Ms X says in the middle of December Transport for London sent a charge certificate demanding more money. She feels the later actions are also unfair.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Ms X’s information and comments and discussed the complaint with her by telephone. I have clarified the complaint with Transport for London and considered its information.
My assessment
I will not investigate Ms X’s complaint for the following reasons.
Transport for London has offered to reset the penalty charge notice (PCN) to the discounted rate of 65 pounds and allow Ms X a further 14 days to pay it. Transport for London says it reset the payment in November having learned of Ms X’s challenges at the Tribunal. However, it did not inform Ms X it had done so and therefore believes it is fair to give her a further opportunity to pay the discounted rate. I consider this is a fair outcome.
The Ombudsman cannot achieve more and it would not be a good use of limited resources to consider the complaint further. Transport for London is entitled to pursue the PCN debt. It did not issue the charge certificate until 13 December which was 38 working days after the original Tribunal decision. The Tribunal decision refusing Ms X’s request for a further appeal was dated 27 October and advised her to pay ‘without delay’. Ms X tells me she tried to pay on 12 November and then was not able to get through on the telephone line to an officer.
The Ombudsman cannot investigate a complaint about the issuing or handling of the PCN which is outside our jurisdiction because Ms X used her right of appeal (see paragraph 4 and 5 above). We cannot investigate the parking adjudicator’s legal decisions which are a matter for a court.
Agreed action
Transport for London will allow Ms X to pay the PCN at the discounted rate.
Final decision
The Ombudsman will not investigate Ms X’s complaint about Transport for London issuing a penalty charge notice (PCN) and pursuing the debt when not paid. Transport for London has agreed to allow Ms X to pay the PCN at the discounted rate. We cannot lawfully investigate the issuing of the PCN because Ms X used her right of appeal to the parking adjudicator.
Investigator's decision on behalf of the Ombudsman