Summary: We will not investigate this complaint about a Clean Air Zone penalty charge notice as Miss X appealed to the independent tribunal against it and the matter is no longer within our remit. We will not investigate the lack of refund of the Clean Air Zone charge Miss X paid as this does not amount to a level of injustice that would warrant our further involvement.

The complaint

1. Miss X complains the Council issued her with a Clean Air Zone (CAZ) penalty charge notice (PCN) despite her having explained the reasons for her late payment and that it also rejected her appeal against the PCN. Miss X complains she was unfairly penalised for exercising her right to appeal and that the Council did not refund the CAZ charge she paid, in addition to the PCN.

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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 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 or fault causing significant injustice to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X paid a CAZ charge late as she says she was abroad on work commitments. Miss X says she explained this to the Council and about the financial hardship she was experiencing, but complains the Council still issued her with a PCN and rejected her appeals against it, as did the independent parking adjudicator at the Traffic Penalty Tribunal (TPT). Miss X also complains that she was penalised financially for exercising her right to appeal, as she was not allowed to pay the fine at the discounted rate. Miss X says that at no stage was she advised she would lose this right if she appealed. Miss X also complains the Council did not refund the CAZ charge that she paid.
7. The Council’s CAZ is an area where targeted action is taken to improve air quality. Vehicles not meeting emission standards can travel in the zone but are subject to a daily fee. The Council issues PCNs to non-compliant vehicles driven in the zone when no fee has been paid, within a time window. A CAZ PCN is £120 or £60 if paid within 14 days.
8. The law under which CAZ PCNs are issued allows a motorist to pay a fine at a discounted rate if paid within 14 days. That Miss X chose to appeal and lost this right is not an indication of fault by the Council, but the procedure set out in law. The PCN document explains the options are to pay, with the discounted amount being available for 14 days, or appeal.
9. I recognise Miss X is unhappy the Council has not refunded the £8 CAZ charge she paid but this does not represent a level of injustice that would warrant our involvement and we will not therefore investigate this separately.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot investigate the PCN since Miss X appealed to the TPT and there is insufficient evidence of fault or fault causing significant injustice to Miss X for us to investigate the associated matters.

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Investigator's decision on behalf of the Ombudsman