The Ombudsman's final decision
Summary: We cannot investigate this complaint about Penalty Charges Notices. This is because the complainant has already appealed to the tribunal.
The complaint
Mr X complains about five Penalty Charge Notices (PCN) that were issued to him because his vehicle was not registered on the Daily Congestion Charge Auto Pay system.
He would like Transport for London to revert the charges of the Notices to the discount rate and refund him the excess amount.
The Ombudsman’s role and powers
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 Mr X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Transport for London issued five PCNs to Mr X because his car was not correctly registered on the Congestion Charge AutoPay system.
Mr X appealed to the London Tribunals and thereafter paid the charges.
We therefore cannot investigate this complaint because he has already appealed to the London Tribunals. I also note that Transport for London has agreed to retain £15.00 per PCN and refund Mr X the excess as a gesture of goodwill.
Final decision
We will not investigate this complaint because Mr X has already appealed to the London Tribunals.
Investigator's decision on behalf of the Ombudsman