Summary: We will not investigate this complaint about a clean air zone penalty charge notice as the complainant could reasonably have appealed against it to the independent tribunal.

The complaint

1. Mr X complains he was issued with a clean air penalty charge notice (PCN) despite him having checked his route before he set off. Mr X also complains that there was no way afterwards to check whether he had entered the clean air zone. Mr X wants the Council to refund him the money he has paid.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)

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How I considered this complaint

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

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My assessment

6. Mr X had the right to appeal against the PCN, ultimately to the independent tribunal, the Traffic Penalty Tribunal (TPT). This is the procedure provided in law and it is reasonable to expect Mr X to have followed it. As such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman