Summary: We will not investigate this complaint about Penalty Charge Notices and the signs for the Ultra Low Emission Zone. This is because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Mr X, says he will not pay the charge to drive in the Ultra Low Emission Zone (ULEZ) in a non-compliant vehicle because the signs are illegal.

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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 law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Mr X and the Authority. I also considered our Assessment Code.

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My assessment

6. There is a daily charge to drive in the ULEZ in a vehicle that does not meet the emission standard. If people do not pay the charge the Authority will issue a Penalty Charge Notice (PCN). If the person disagrees with the PCN they can appeal to the tribunal.
7. The Authority has issued Mr X with more than 50 PCNs for driving in the ULEZ without paying the charge. The Authority waived 40 fines, but Mr X has received more PCNs since then.
8. Mr X says he will not pay the charge because he says the ULEZ signs are illegal.
9. The Authority considered representations from Mr X and explained why it believes the signs are compliant with the law. The Authority has notified Mr X of his appeal rights to the tribunal.
10. I will not start an investigation because Mr X could have appealed to the tribunal. It is reasonable to expect him to appeal because the tribunal is the correct organisation to consider PCN appeals. The tribunal could consider Mr X’s assertion that the signs are illegal and decide whether to cancel a PCN for that reason. We cannot cancel a PCN, and it is not our role to decide if the signs are legal.
11. Mr X can appeal against any PCNs the Authority is still considering or for any PCNs he receives in the future.

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Final decision

12. We will not investigate this complaint because Mr X could have appealed to the tribunal and can use his appeal rights for any further PCNs he receives.

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Investigator's decision on behalf of the Ombudsman