The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a penalty charge notice issued by Transport for London. This is because Mr X has used the alternative remedy available to him; the complaint therefore falls outside our jurisdiction.
The complaint
The complainant, Mr X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for an ultra-low emission zone (ULEZ) contravention. He contests the fact that he was in London on the date of the contravention and says he has received no letters from TfL about the PCN.
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 law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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) London Tribunals considers parking and moving traffic offence appeals for London.
The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already applied to a court to consider the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
It is not our role to consider appeals against the validity of PCNs issued by TfL; such appeals are a matter for London Tribunals.
Mr X says he was unable to appeal as he received no letters from TfL about the PCN. He has therefore applied to the Traffic Enforcement Centre (TEC) at Northampton County Court to challenge TfL’s escalation of the case by making a late statutory declaration.
Because Mr X has made an application to the TEC his complaint falls outside our jurisdiction as set out at Paragraph 5.
Mr X should await the TEC’s decision on his case before deciding how to proceed. If the TEC allows his application it will order TfL to take the case back to an earlier stage, reinstating Mr X’s right of appeal. It would then be reasonable for Mr X to follow the statutory appeals process, if he continues to dispute the contravention. If the TEC refuses Mr X’s application Mr X may apply for a review of its decision.
Final decision
We cannot investigate this complaint. This is because Mr X has used his right to apply to the TEC to make a late statutory declaration.
Investigator's decision on behalf of the Ombudsman