Bristol City Council (23 008 994)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 28 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because there is not enough evidence of fault to justify investigating.
The complaint
- Mr Y complained he received a Penalty Charge Notice (PCN) after driving in the Council’s Clean Air Zone (CAZ) without paying the charge.
- Mr Y feels he has been treated unfairly and would like to have the PCN reimbursed, and only pay the usual daily charge.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- To drive in the Council’s CAZ a daily charge must be paid if the vehicle used does not meet the required emission standards. If the charge is not paid, either six days before or after the zone is entered, a PCN is issued for £120 as well as the daily charge.
- In this case, Mr Y entered the zone, albeit not intentionally, and did not pay the charge. The Council then issued the PCN. Mr Y has then paid the PCN.
- From the information provided, Mr Y does not seem to dispute the validity of the PCN itself. If he does not dispute its validity, it is unlikely we would find fault with the issuing of the PCN. However, if Mr Y did dispute the validity of the PCN, he has now chosen to pay the penalty, instead of using his right to appeal it to the Traffic Penalty Tribunal.
- In deciding not to appeal and paying the penalty, Mr Y has legally accepted his liability for the penalty and the validity of the PCN itself. As he has accepted its validity, it is unlikely we would now find fault in the Council’s issuing of the PCN. We will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman