The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices Transport for London issued to Mr X. He has used his right of appeal to the Traffic Enforcement Centre and the County Court.
The complaint
Mr X complained about 20 Penalty Charge Notices (PCNs) he did not receive while moving to a new address. He has appealed to the TEC and the County Court. The fines amount to £4,000 currently and the matter is causing Mr X considerable stress as the amount continues to rise with enforcement action.
The Ombudsman’s role and powers
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) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Transport for London issued several PCNs to Mr X for driving through an Ultra Low Emissions Zone. However, he says he did not receive these until several months later because he was in the process of moving address.
Usually, the registered keeper of a vehicle has 21 days from the date of the issuing authority’s order to pay the amount owed or make a Statutory Declaration to the Traffic Enforcement Centre (TEC). However, the TEC has discretion to accept an application made outside this time limit. Mr X filed a Statutory Declaration asking the TEC to do so, which he says it refused. He has therefore used his right to appeal to the County Court. We have no discretion to consider the matter.
Final decision
We will not investigate Mr X’s complaint because he has used his right to appeal to the TEC and then the County Court.
Investigator's decision on behalf of the Ombudsman