Summary: We cannot investigate this complaint about Penalty Charge Notices because Mr Y has appealed the same matter to the London Tribunals.

The complaint

1. Mr Y complained Transport for London (TfL) issued a Penalty Charge Notice (PCN) to him for entering the Ultra Low Emission Zone (ULEZ) in a non-compliant vehicle without payment, which he says is unfair as he is unable to provide data and data is not held by TfL to confirm non-compliance. This is because the manufacturer has ceased trading and is no longer in existence.
2. Mr Y feels it is unfair that he is unable to prove compliance, but TfL can rely on not having any information to confirm non-compliance. He is unhappy that there is not an alternative way to prove his vehicle’s compliance.

Back to top

The Ombudsman’s role and powers

3. London Tribunals considers parking and moving traffic offence appeals for London.
4. 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)
5. 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, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The London Low Emission Zone Scheme Order 2006, (the ‘Scheme Order’), sets out the vehicles affected and whether they meet the emissions standards.
8. TfL uses data provided by the UK Driver and Vehicle Licencing Agency (DVLA) supplemented with data from the Vehicle Certification Agency (VCA), and from some vehicle manufacturers. The DVLA data is refreshed every four weeks. This ensures any updates to DVLA data, which may impact a vehicle’s compliance, will be reflected in TfL’s online compliance checker shortly after the DVLA information is updated.
9. Euro 4 standard for petrol vehicles became mandatory for vehicle manufacturers on 1 January 2006 and the Euro 6 standard for diesel vehicles on 1 September 2015.
10. Some vehicle manufacturers made vehicles to meet these standards before the mandatory dates. Prior to the launch of the ULEZ TfL worked with vehicle manufacturers to identify these vehicles and mark them compliant. In this case, Mr Y says the manufacturer is no longer open and therefore he cannot confirm whether his vehicle is compliant as he cannot contact the company.
11. TfL issued a PCN for failure to pay the ULEZ charge for a non-compliant vehicle. Mr Y disputes the validity of the PCN on the basis he believes his vehicle may be compliant but is unable to provide data for this due to the manufacturer being closed. Mr Y considers it unfair that the onus is on him to prove compliance. He unsuccessfully challenged the PCN on this basis and others at the London Tribunals. As he has already raised the issue with the London Tribunals, we do not have the power to now investigate his complaint.
12. Further, the onus to prove compliance resting with the registered keeper of the vehicle appears to be set out in the London Low Emission Zone Scheme Order 2006. It is therefore not within the Ombudsman’s remit to determine whether this is lawful or fair – as such consideration would fall under the jurisdiction of the courts. Consequently, the courts are better placed than us to decide this issue. We will not investigate.
13. Further, TfL’s online compliance checker contains information about the steps a person can take if they believe their vehicle is compliant with ULEZ emission standards. This includes obtaining information about emissions from the manufacturer (known as a certificate of conformity) or having the vehicle tested for emissions at a TfL approved centre. As there is an alternative way, even if there is some cost to this, for a person to establish whether their vehicle is complaint or not, there is also not enough evidence of fault to justify our investigation. We will not investigate.

Back to top

Final decision

14. We will not investigate Mr Y’s complaint because he has already appealed the matter to the London Tribunals.

Back to top

Investigator's decision on behalf of the Ombudsman