Summary: We cannot investigate Mr X’s complaint about a penalty charge notice for driving in the ultra-low emission zone without paying the charge. This is because London Tribunals has considered Mr X’s appeal against the penalty charge notice.

The complaint

1. Mr X complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for driving in the ultra-low emission zone (ULEZ) without paying the charge. Mr X says he is not the registered keeper of the vehicle and is not liable for the PCN.

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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. 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)
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 the complainant and

the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he has not been the owner of the vehicle in the PCN since 2021. He disputed the PCN on this basis and the matter was referred to London Tribunals to consider. However, the adjudicator refused his appeal.
7. Because London Tribunals has considered Mr X’s appeal, we cannot investigate any complaint about TfL’s issue of the PCNs or its handling of Mr X’s representations against them, as set out at Paragraph 3.

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Final decision

8. We cannot investigate Mr X’s complaint because London Tribunals has considered his appeal against the PCN.

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Investigator's decision on behalf of the Ombudsman