Summary: We cannot investigate Mr X’s complaint about the Authority’s failure to register his car as ULEZ compliant which resulted in four Penalty Charge Notices (PCNs) being issued. This is because Mr X used his right to appeal to a Tribunal, and the law says we cannot investigate.

The complaint

1. Mr X complained the Authority:
• failed to register his car as ULEZ compliant which resulted in him receiving four Penalty Charge Notices (PCNs); and
• failed to respond to his complaints.
2. Mr X said the matter impacted him financially and caused him time and trouble to resolve the matter.
3. Mr X wants the Authority to reimburse his costs.

Back to top

The Ombudsman’s role and powers

4. 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)
5. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Authority.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We cannot investigate Mr X’s complaint about the Authority’s failure to register his car as ULEZ compliant on its systems.
9. This is because the consequence of the Authority’s poor record keeping was that Mr X received four PCNs. Mr X used his right to appeal the PCNs to the London Tribunals. The Authority did not contest the appeal and cancelled the PCNs. Because Mr X used his right to appeal to a Tribunal, the law says we cannot investigate this matter.
10. Mr X also complained he incurred costs because of the Authority’s errors. However, Mr X asked the Tribunal to consider awarding his costs. Because Mr X raised this matter with the Tribunal, the law says we cannot investigate this complaint.
11. Mr X said the Authority delayed responding to his complaints. We will not investigate this matter because it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

Back to top

Final decision

12. We cannot investigate Mr X’s complaint because he used his right to appeal to a Tribunal and the law says we cannot investigate. We will not investigate the Authority’s complaint handling because we cannot deal with the substantive issue.

Back to top

Investigator's decision on behalf of the Ombudsman