Summary: We will not investigate this complaint that the Authority keeps issuing Penalty Charge Notices despite accepting the complainant’s car is compliant with the Ultra Low Emission Zone. This is because the problem has been resolved and there is not enough remaining injustice to warrant an investigation.

The complaint

1. The complainant, Mr X, says the Authority keeps issuing Penalty Charge Notices (PCNs) even though it accepts his vehicle is compliant with the Ultra Low Emission Zone (ULEZ). Mr X wants the Authority to stop issuing PCNs.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• he problem has been resolved, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Authority. This includes an update from the Authority. I also considered our Assessment Code.

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My assessment

4. The Authority told Mr X it accepted his vehicle is compliant and can enter the ULEZ without incurring any charges. However, when the Authority registered Mr X’s vehicle as compliant it did not update the system correctly. This led to the Authority issuing two PCNs.
5. Mr X challenged the fines. The Authority accepted his challenge and cancelled the PCNs. It issued a Notice of Acceptance and confirmed the vehicle is compliant. The Authority also corrected the error on the system. Unfortunately, although the Authority corrected the mistake, two other PCNs had already been generated which were not showing on the system.
6. Mr X received the two new PCNs which he challenged. The Authority cancelled both fines and issued another Notice of Acceptance.
7. The Authority made an error; it failed to correctly record on the system that Mr X’s vehicle is compliant with the ULEZ. However, I will not investigate the complaint because the Authority cancelled all the fines and corrected the error.
8. I also will not start an investigation because, once the correction has been taken into account, there is not enough remaining injustice. The Authority cancelled all the fines and Mr X has not had to pay anything. I appreciate Mr X may have felt frustrated and annoyed, and had to spend time challenging the fines, but this does not represent a degree of injustice requiring an investigation.

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Final decision

9. We will not investigate this complaint because the problem has been resolved and there is not enough remaining injustice.

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Investigator's decision on behalf of the Ombudsman