Summary: We will not investigate this complaint about a clean air zone exemption because there is insufficient evidence of fault by the Council. In addition, the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Ms X, complains the Council will not transfer a clean air zone exemption to a different vehicle. She wants the Council to revoke two fines and transfer the exemption.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered information on the Council’s website and our Assessment Code.

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My assessment

6. Some vehicles that do not meet the emissions standard for the clean air zone qualify for an exemption. This means the driver does not have to pay the charge to enter the clean air zone. If a non-compliant vehicle does not have an exemption, and does not pay the charge, the driver will be liable for a Penalty Charge Notice (PCN). An exemption cannot be transferred to another vehicle and exemptions are only available for vehicles bought before September 2022.
7. Ms X had an exemption for a vehicle. She recently bought a new vehicle, which is non-compliant, and asked the Council to transfer the exemption to the new vehicle. She says she could not afford to buy a vehicle which meets the emission standards. Ms X says there are times when she is forced to drive into the clean air zone. She says she has been charged £400 for two entries into the zone; this suggests she has received PCNs.
8. The Council said it could not transfer the exemption to the new vehicle because exemptions cannot be transferred. It also said it can only issue exemptions to vehicles that the applicant owned before September 2022.
9. I will not start at the investigation because there is insufficient evidence of fault by the Council. The Council’s decision that Ms X cannot transfer the exemption correctly reflects the policy; this is because exemptions cannot be transferred and are not available to vehicles owned after September 2022. The Council’s response reflects the policy so there is no reason to start an investigation.
10. If Ms X has received a PCN, and thinks it is wrong, she could have appealed to the tribunal. It is reasonable to expect her to appeal because the tribunal is the correct body to decide appeals about PCNs.
11. I appreciate Ms X may disagree with the zone charging policy but we cannot change it and can only consider if the Council has applied the rules correctly.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Ms X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman