Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice, and the imposition of Ultra Low Emission Zone charges. The law prevents us from investigating as X has applied to the Traffic Enforcement Centre to seek to regain their appeal rights. X can then appeal to London Tribunals.

The complaint

1. X says the Authority failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied them their right to appeal against it. They say the matter has wrongly progressed through the enforcement procedure.
2. X says their vehicle is Ultra Low Emission Zone (ULEZ) compliant, and so ULEZ charges and related PCNs have been wrongly issued.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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)
6. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.

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How I considered this complaint

7. I considered information from X, and the Ombudsman’s Assessment Code.

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Final decision

8. We cannot investigate this complaint because X has applied to the Traffic Enforcement Centre to regain their appeal rights and may then appeal if the TEC agrees.

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Investigator's decision on behalf of the Ombudsman