Summary: We cannot investigate this complaint about a Penalty Charge Notice for the Ultra Low Zone Emission zone. This is because the complainant has appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, complains he could not attend the tribunal hearing. He disputes the Penalty Charge Notice (PCN) because the Authority’s website would not allow him to pay the Ultra Low Emission charge and says the Authority has not helped him to rearrange the appeal. Mr X wants to make representations or for the Authority to waive the fine.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. London Tribunals is independent and is not part of the Authority.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Authority. This includes the tribunal decision and information about the next tribunal hearing. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. People must pay a charge if they enter the ultra low emission zone (ULEZ) in a non-compliant car. People can pay the charge on-line, with an account, or by phone. If the person does not pay the Authority can issue a PCN.
7. Mr X tried to pay the ULEZ charge but says the Authority’s website was not working. He did not pay so the Authority issued a PCN for £160.
8. Mr X appealed. He could not attend the hearing because he had to self-isolate. The tribunal considered the appeal. The tribunal dismissed the appeal and directed Mr X to pay £160 (reduced to £80 if paid within 14 days).
9. Mr X says he tried to resolve matters with the Authority but it did not help him.
10. Mr X has lodged a review with the tribunal service. The appeal is due to be heard by the tribunal next month. The PCN remains at £160 and the case is on hold pending the tribunal decision.
11. The law says we cannot investigate any complaint which 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. The tribunal will reconsider the case next month and decide if Mr X has to pay the PCN.

Back to top

Final decision

12. We cannot investigate Mr X’s complaint because he has appealed to the tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman