Summary: We will not investigate this complaint about Transport for London’s decision that Mrs X’s car is not eligible for an exemption to the Ultra Low Emissions Zone. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the authority deciding that her car does not meet the requirements for an exemption from the Ultra Low Emissions Zone (ULEZ) charge. She says she has provided evidence from the manufacturer that it meets Euro 4 standard.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mrs X applied for an exemption from the ULEZ charges after her area became included in the scheme proposals. She initially received a letter saying that her car was compliant. However, this was issued in error and the Council advised her in late 2022 that her car was not compliant because it was made in 2002 which pre-dates the 2005 introduction of the Euro 4 standard. The emissions exceed the 0.08 grams per kilometre requirement.
6. Mrs X challenged the Authority’s rejection. She says its website states that a car must be either Euro 4 compliant or meet the emissions standard. She submitted a letter from the manufacturer which confirmed the emissions and the Euro 4 standard for that code of engine. The authority did not accept her claim.
7. The DVLA website for vehicle registration confirms her car was made in 2002 and gives no Euro rating as it was before Euro 4 standard was applied. The identification of the engine size and the engine code provided by the manufacturer confirms from technical specifications that the engine is a Euro 3 model and that some of the information in the letter she provided was incorrect.
8. When considering complaints, we may not question the merits of the decision the Authority has made or offer any opinion on whether or not we agree with the judgment of the officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case the Authority has explained why Mrs X’s car does not meet the exemptions requirements.

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Final decision

9. We will not investigate this complaint about Transport for London’s decision that Mrs X’s car is not eligible for an exemption to the Ultra Low Emissions Zone. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman