The Ombudsman's final decision
Summary: We will not investigate this complaint that Transport for London has not responded to Mr X’s appeal against a penalty charge notice as Mr X can ask the court to consider his case.
The complaint
Mr X complained he appealed to Transport for London (TfL) against a penalty charge notice (PCN) it issued to him but he received no response and has now received a charge certificate. Mr X wants his case to be considered.
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. 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a process provided in law which Mr X can use to address what he says has gone wrong in his case, that is, that he says TfL has not responded to his appeal. Once an order for recovery has been issued to him, Mr X can ask the court at the Traffic Enforcement Centre (TEC) to consider his case. It is reasonable to expect Mr X to follow this process and as such, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to ask the TEC to consider his case.
Investigator's decision on behalf of the Ombudsman