The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice. This is because Mrs X has used her right of appeal to London Tribunals.
The complaint
Mrs X complains she did not receive Transport for London’s (TfL’s) response to her representations against a penalty charge notice (PCN). She disputes the PCN and says it has caused her stress.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
TfL confirms Mrs X has now appealed to London Tribunals against the PCN and the restriction set out at Paragraph 4 therefore applies. This means we have no jurisdiction to investigate any complaint about the PCN itself or about TfL’s handling of the matter.
TfL has also provided a copy of its ‘notice of rejection’, which is correctly addressed, and Mrs X has been able to appeal to London Tribunals. So we could not say any issue with the delivery of the notice caused her significant injustice.
It is for London Tribunals to decide if the PCN is valid and if it is not, it can order TfL to cancel it.
Final decision
We cannot investigate this complaint. This is because Mrs X has used her right of appeal against the PCN to London Tribunals.
Investigator's decision on behalf of the Ombudsman