Summary: We will not investigate this complaint about a Penalty Charge Notice. Miss X used her right of appeal to London Tribunals and the law says we cannot investigate the matter.

The complaint

1. Miss X complained about a Penalty Charge Notice (PCN) she received for driving in the Ultra-Low Emissions Zone (ULEZ) without having paid the ULEZ charge. She found out she had paid the charge to a scam website, and the matter has caused her significant distress. She wanted the Authority to waive the penalty and related enforcement costs.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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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. Miss X appealed a PCN to London Tribunals. However, she says due to her disability she could not attend the hearing. The tribunal refused Miss X’s appeal.
6. The law says when a person has used their right of appeal to a tribunal, we have no power in law to investigate the matter. We cannot investigate this complaint.

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Final decision

7. We will not investigate Miss X’s complaint because she used her right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman