Summary: We will not investigate this complaint about Penalty charge Notices because we are satisfied with the actions the Authority has taken.

The complaint

1. Mr X and Mrs Y complained about being issued with Penalty Charge Notices for entering the Ultra Low Emission Zone (ULEZ) without making payment after Mr X’s vehicle was sold. They said this was not their responsibility to pay and requested a refund of the amount paid.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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 Mr X, Mrs Y and the Authority provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X and his mother, Mrs Y had an account with the Authority to pay for charges such as the ULEZ when they travelled into the Authority’s area for hospital appointments. Mr X then sold his vehicle in October 2022, but the new owner failed to pay the charges. As the vehicle keeper details were mistakenly not updated with the DVLA, Mr X was responsible for the PCNs, which he paid. Mr X and Mrs Y complained to the Authority. The Authority has, as a goodwill gesture, agreed to refund the amount paid, £450, using its discretion for charges from November to December 2022.
5. As this is the remedy Mr X and Mrs Y were seeking, we are satisfied with the actions the Council has taken. We will not investigate.

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Final decision

6. We will not investigate this complaint because we are satisfied with the actions the Authority has taken.

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Investigator's decision on behalf of the Ombudsman