Summary: We will not investigate Mr X’s complaint Transport for London wrongly issued a penalty charge notice (PCN) for driving into an emission zone. There is insufficient injustice to Mr X who is not responsible for the PCN. His relative has used the right of appeal to the London Tribunals.

The complaint

1. Mr X complains Transport for London wrongly issued a penalty charge notice (PCN) claiming a vehicle he was driving entered the ultra-low emission zone (ULEZ). Mr X says he avoided the restricted area by doing a U-turn. He says Transport for London is refusing to communicate with him and he does not know what amount to pay. He says Transport for London has caused anxiety and distress and should cancel the PCN.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Authority. I have spoken to Mr X by telephone. The information includes the notice of rejection, to the registered keeper, dated 6 July 2022 which explains appeal rights.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The issuing of the PCN does not cause Mr X an injustice. Mr X has confirmed to me that he is not the registered keeper of the vehicle. He is therefore not responsible for paying the fine or communicating with Transport for London.
8. Mr X’s relative who is responsible for the PCN has appealed to London Tribunals which considers parking and moving traffic offence appeals. To the extent that Mr X’s complaint could be a complaint on his relative’s behalf we cannot investigate or achieve what he wants because a right of appeal has been used (see paragraphs 3 and 4 above). The Tribunal will decide the appeal and can confirm at its conclusion what, if anything, should be paid.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint Transport for London wrongly issued a penalty charge notice (PCN) for driving into an emission zone. There is insufficient injustice to Mr X who is not responsible for the PCN. His relative has used the right of appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman