The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice relating to the congestion charge. This is because the complainant appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) for the congestion charge. He says there were problems with the Authority’s payment system which meant he could not pay on the day. Mr X wants to pay the original charge of £15.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr X. This includes the tribunal decisions. I also established the current status of the fine from the Authority’s website and considered our Assessment Code.
My assessment
The daily charge for driving in the congestion charge is £15 if paid in advance or on the day, or £15 if paid by midnight on the third day after the day of travel.
Mr X entered the congestion zone on 30 September. Mr X says problems with the payment system meant he could not pay until 00.02 on 1 October. His says his payment of £15 was accepted.
The Authority refunded the £15 and issued a PCN for £80 because Mr X should have paid £17.50. Mr X appealed to the tribunal and argued there were problems with the payment system and that he had paid the correct amount of £15.
The tribunal rejected his appeal. The tribunal said payment was received the day after travel and £17.50 was due. The tribunal directed that Mr X must pay £160 within 28 days. The tribunal said the fine would increase if he did not pay and the Authority could take enforcement action.
Mr X tried to appeal the tribunal decision but the appeal was dismissed.
Mr X has not paid the fine. The Authority has now registered the debt in court and Mr X owes £249.
The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. Mr X has appealed to the tribunal about the matters he complains about to us, so I have no power to start an investigation.
Final decision
We cannot investigate this complaint because Mr X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman