Summary: We cannot investigate this complaint about the Authority’s enforcement of a penalty charge notice as the complainant has asked the court to consider his case.

The complaint

1. Mr X complains Transport for London (TfL) has wrongly issued him with an Ultra Low Emission Zone (ULEZ) penalty charge notice (PCN) but that he only received late notification of this as he did not update his log book details after a house move.

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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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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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. Parliament has provided a procedure whereby motorists in Mr X’s situation can challenge the enforcement of PCNs. Mr X has used this procedure and has asked the Traffic Enforcement Centre (TEC) which is part of the county court system, to consider his case. As per paragraph three, we cannot therefore now investigate.

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Final decision

7. We cannot investigate Mr X’s complaint because he has asked the court to consider his case and as such, the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman