Summary: The Ombudsman cannot investigate this complaint about a Penalty Charge Notice for a contravention relating to the Ultra Low Emission Zone. This is because the complainant appealed to the tribunal and because the Ombudsman cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) he received for entering the Ultra Low Emission Zone (ULEZ) without paying the daily charge. Mr X disagrees with the PCN and says the Authority should operate the scheme like other schemes which give people 14 days to pay.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I read the complaint and the tribunal decision. I considered information about the ULEZ. I invited Mr X to comment on a draft of this decision.

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What I found

Ultra Low Emission Zone

6. Drivers must pay a daily charge to enter the ULEZ if their vehicle does not meet the emission standard. The charge is £12.50 for most vehicles. The driver can pay up to 90 days in advance or by midnight on the third day after the journey. If the driver does not meet the standard, and does not pay, the Authority issues a PCN. The fine is £160 but the driver can pay £80 if they pay within 14 days. The way the scheme operates is set out in law.

What happened

7. The Authority issued Mr X with a PCN for breaching the ULEZ. Mr X appealed to the tribunal. He said he was unaware of the ULEZ rules and did not know he was required to pay. He said he had no intention of breaking the rules and would pay the ULEZ daily charge.
8. The tribunal dismissed the appeal. It said the Authority had issued the fine correctly and there were no issues around publicity or signage. It said the amount of the fine was consistent with the regulations. The tribunal directed Mr X to pay £160 but said the Authority was willing to accept £80 within 14 days of the date of the tribunal decision.
9. Mr X paid the PCN. However, he still disputes the fine and says the Authority should change the way the scheme operates. For example, he says that for a first offence the Authority should give people 14 days to pay the daily charge rather than issuing a PCN immediately. Mr X has also repeated that he was unaware of the ULEZ.

Assessment

10. I cannot start an investigation because Mr X appealed to the tribunal. The law says the Ombudsman cannot investigate any matter that has been the subject of an appeal to the tribunal. This restriction applies even though Mr X may disagree with the outcome of the appeal.
11. I also will not start an investigation because I cannot achieve the outcome Mr X wants. Mr X wants the scheme to operate differently. But, the tribunal said the Authority had issued the PCN correctly, in accordance with the law, and I have no power to change the law. If I started an investigation I would not be able to change the way the ULEZ operates. Mr X would need to lobby MPs and the London Assembly for changes to the way the scheme works.

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Final decision

12. I cannot start an investigation because Mr X appealed to the tribunal and because I cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman