The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about Transport for London’s escalation of a penalty charge notice. This is because it would be reasonable for Mrs X to wait for the ‘order for recovery’ and apply to the Traffic Enforcement Centre to make a witness statement/statutory declaration.
The complaint
The complainant, Mrs X, complains she did not receive a penalty charge notice (PCN) issued by Transport for London (TfL) and missed out on the opportunity to pay the PCN at the initial discounted 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. 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
Because Mrs X did not receive the PCN from TfL it would be reasonable for her to wait for TfL to issue an ‘order for recovery’ and apply to the TEC to make a witness statement/statutory declaration. The process is specifically designed to deal with cases such as this and it does not need Mrs X to show any wrongdoing on the part of TfL. If Mrs X’s application is successful the TEC can take the process back to an earlier stage, reducing the amount she must pay. If the TEC refuses her application Mrs X may apply for a review of the decision by a district judge.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mrs X to take the matter to the TEC.
Investigator's decision on behalf of the Ombudsman