Summary: We will not investigate this complaint about Transport for London charging Mr X for driving in the ultra-low emission zone and issuing him penalty charge notices when he did drove in the zone without paying the charge. This is because the authority has cancelled the penalty charge notices and refunded the ultra-low emission zone charges and this provides a suitable remedy for Mr X.

The complaint

1. Mr X complains Transport for London (TfL) issued him four penalty charge notices (PCNs) for driving in the ultra-low emission zone (ULEZ) without paying the charge. He also complains TfL charged him six times for driving in the ULEZ after registering his vehicle for auto-pay. TfL now accepts Mr X’s car is exempt from the ULEZ charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the Mr X and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. TfL has confirmed Mr X’s car complies with the ULEZ emissions standards; it has therefore cancelled the PCNs and refunded Mr X for the ULEZ charges. This provides a suitable remedy for the complaint and I am satisfied any remaining injustice, which Mr X claims lies in his wasted time, worry and stress, is not significant enough to warrant investigation or any further remedy.

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Final decision

7. We will not investigate this complaint. This is because TfL’s cancellation of the PCNs and refund of the ULEZ charges provides a suitable remedy for the complaint and it is therefore unlikely investigation would achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman