The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about four penalty charge notices. This is because it would have been reasonable for Mr X to appeal to London Tribunals.
The complaint
The complainant, Mr X, complains about four penalty charge notices (PCNs) issued by Transport for London (TfL). He challenges the validity of the PCNs and believes TfL should cancel them.
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 Mr X and the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint. This is because the PCNs carried a right of appeal to London Tribunals which it would have been reasonable for Mr X to use. London Tribunals is better placed to decide whether the PCNs were valid and it has the power to cancel them.
Investigator's decision on behalf of the Ombudsman