Summary: We will not investigate this complaint about two Penalty Charge Notices. This is because the Authority has cancelled both fines.

The complaint

1. The complainant, whom I refer to as Mr X, complained about two Penalty Charge Notices (PCNs) which the Authority had issued in relation to the Ultra Low Emission Zone (ULEZ).

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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 the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), 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 found out from the Authority that it has cancelled both PCNs. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

6. The Authority issued Mr X with a PCN for a moving traffic offence in relation to the congestion charge. Mr X challenged the fine on the grounds that the signs and notices were unclear. The Authority cancelled the fine.
7. The Authority issued Mr X with two PCNs for breaching the rules relating to the ULEZ. Mr X challenged the fines on the grounds that the signs and notices were unclear. The Authority did not accept his challenge but told Mr X he could appeal to the tribunal.
8. Mr X did not appeal but paid the two fines.
9. Mr X contacted the Mayor’s office. The Authority cancelled the two PCNs on a discretionary basis and has or will issue a refund. The Authority notified Mr X of the decision.

Assessment

10. I will not start an investigation because the Authority has cancelled the PCNs.

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Final decision

11. I will not start an investigation because the Authority has cancelled the PCNs.

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Investigator's decision on behalf of the Ombudsman