The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about Transport for London’s handling of her challenge to a penalty charge notice. This is because it would be reasonable for Mrs X to await the authority’s decision on her challenge and, if necessary, appeal to London Tribunals.
The complaint
Mrs X complains Transport for London (TfL) failed to properly consider her challenge to a penalty charge notice (PCN). She says her car has been cloned and TfL has failed to consider, or allow to her provide, evidence in support of her challenge.
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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
While Mrs X is unhappy TfL has not considered the information she has provided about the cloning of her car, and has not provided an email address to send further information, I have seen nothing to show TfL has yet refused her challenge. If it does, Mrs X may dispute the PCN further by making a formal appeal to London Tribunals. As part of an appeal Mrs X can provide any evidence she has about the cloning of her vehicle and the Adjudicator will then decide whether to cancel the PCN.
I have seen nothing to show it would be unreasonable for Mrs X to appeal and I will not therefore exercise my discretion to investigate the complaint further.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mrs X to await TfL’s decision on her challenge and appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman