Summary: We cannot investigate Mr X’s complaint about a penalty charge notice issued by Transport for London. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for entering the ultra-low emission zone (ULEZ) without paying the charge. Mr X says he paid the charge and provided evidence of this but TfL refused to cancel the PCN.

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The Ombudsman’s role and powers

2. 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (Local Government Act 1974, section 26(6)(a), as amended)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has appealed against the PCN to London Tribunals. Any complaint about the PCN and TfL’s handling of his representations against the PCN therefore falls outside our jurisdiction, as set out at Paragraph 3.
8. Mr X did not pay the PCN so TfL escalated the case and instructed enforcement agents (bailiffs) to recover payment from him. This is part of the statutory process and is not fault.
9. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

10. We cannot investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman