The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about Transport for London’s handling of a penalty charge notice. This is because Mr X has sought to challenge its actions at the Traffic Enforcement Centre, which is part of Northampton County Court.
The complaint
The Complainant, Mr X, complains Transport for London (TfL) sent correspondence about a penalty charge notice (PCN) to the incorrect address. Mr X says he did not receive this correspondence and knew nothing about the PCN until enforcement agents (bailiffs) contacted him and demanded payment at a much higher rate.
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 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 referred the matter to a court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has applied to the Traffic Enforcement Centre (TEC) at Northampton County Court to challenge TfL’s escalation of the PCN. We cannot therefore investigate the complaint as set out at Paragraph 3.
TfL has in any event agreed to accept payment at a much lower rate to settle the complaint, which is what Mr X wanted.
Final decision
We cannot investigate this complaint. This is because Mr X has applied to the TEC to consider the matter.
Investigator's decision on behalf of the Ombudsman