Summary: We will not investigate this complaint about a Penalty Charge Notice for driving in the Ultra Low Emissions Zone. Mr X has the right to file a Statutory Declaration to the Traffic Enforcement Centre.

The complaint

1. Mr X complained about the Authority raising his Penalty Charge Notice (PCN) charge from £160 to £240 despite him not receiving the initial notification. He says this is putting him at risk of financial hardship. He wants the Authority to cancel the increased fine and make service improvements.

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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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X received a PCN from the Authority for driving in the Ultra Low Emissions Zone (ULEZ). He says he did not receive the PCN, and when he received a Charge Certificate he contacted the Authority to challenge it.
6. The Authority wrote to Mr X explaining his right to file a Statutory Declaration on the grounds that he did not receive the PCN. It is reasonable for Mr X to use this right, as the Traffic Enforcement Centre is best placed to consider the issue and decide whether the PCN should be reissued, allowing Mr X to pay the original amount of £160. We could not achieve this.

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Final decision

7. We will not investigate Mr X’s complaint because it is best considered by the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman