The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a penalty charge notice issued by Transport for London. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre to make a late witness statement/statutory declaration.
The complaint
The complainant, Mr X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL) in December 2023. He says he made representations against the PCN but did not receive a response from TfL. TfL then instructed its enforcement agents (bailiffs) to visit his home and clamp his car. Mr X paid the bailiffs £669 to remove the clamp but he believes this is unfair and wants TfL to refund the additional charges added to his case.
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) The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Because Mr X did not receive a response to his representations he may apply to the TEC to make a late witness statement/statutory declaration. If the TEC accepts his application it may order TfL to take the process back to an earlier stage, reinstating his right of appeal and removing the basis for any additional charges.
The process of making a late witness statement/statutory declaration is relatively easy to follow and I have seen nothing to suggest it would not be reasonable for Mr X to use it. I will not therefore exercise our discretion to investigate the complaint.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a late witness statement/statutory declaration.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman