The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that Transport for London failed to respond to her representations against a penalty charge notice. This is because it would have been reasonable for Mrs X to apply to the Traffic Enforcement Centre, which is part of Northampton County Court, to make a statutory declaration.
The complaint
The complainant, Mrs X, complains Transport for London (TfL) did not respond to her representations against a penalty charge notice (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 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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
Where a motorist makes representations against a PCN but does not receive a response they may apply to the TEC to make a statutory declaration. If successful, the TEC may order TfL to take the process back to an earlier stage, removing the basis for any additional charges and reinstating the motorist’s right of appeal.
Mrs X confirms she received an ‘order for recovery’ from TfL and this set out her right to go to the TEC. It would therefore have been reasonable for her to make a statutory declaration if she wished to challenge TfL’s escalation of the case. The TEC’s decisions are binding on both parties and the process for making a statutory declaration is free and relatively simple to use.
Final decision
We will not investigate this complaint. This is because it would have been reasonable for Mrs X to apply to the TEC to make a statutory declaration.
Investigator's decision on behalf of the Ombudsman