Transport for London (20 009 684)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 08 Feb 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Chare Notice because the complainant has appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Mr X, says the Authority should cancel a Penalty Charge Notice (PCN) for entering the Ultra Low Emission Zone (ULEZ). This is because he is exempt from the charge and was only in the zone for a few seconds.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
- London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I read the complaint and found out from the Authority that Mr X has appealed to the tribunal. I invited Mr X to comment on a draft of this decision.
What I found
What happened
- The Authority issued Mr X with a PCN for entering the ULEZ without paying the required charge. Mr X challenged the decision. He said he is exempt from the charge because the vehicle is an ambulance. Mr X also said the vehicle was only in the ULEZ for a few seconds.
- The Authority rejected his challenge and told Mr X he could appeal to the tribunal.
- Mr X has appealed to the tribunal and is waiting for his appeal to be heard.
Assessment
- I cannot start an investigation because the law says we cannot investigate any matter that is the subject of an appeal to the tribunal. Mr X has appealed to the tribunal so I have no power to start an investigation. This restriction applies regardless of whether Mr X wins or loses the appeal. The tribunal will decide whether the Authority was correct to have issued the fine.
Final decision
- I cannot start an investigation because Mr X has appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman