The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charges Notices issued by the Authority for the Ultra Low Emission Zone. This is because the Authority will cancel the fines and apologise to the complainant. In addition, there were appeal rights the complainant could have used.
The complaint
The complainant, whom I refer to as Mr X, complains he received six Penalty Charge Notices (PCNs) for breaches of the Ultra Low Emission Zone (ULEZ) even though he had set-up an Autopay account.
The Ombudsman’s role and powers
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 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) 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) London Tribunals considers parking and moving traffic offence appeals for London. This includes ULEZ appeals.
How I considered this complaint
I considered information provided by Mr X and the Authority. This includes an update from the Authority. I also considered our Assessment Code.
My assessment
Mr X contacted the Authority to set-up an Autopay account for the ULEZ. When someone sets-up an Autopay account, the Authority takes payment for the ULEZ charge without the driver needing to take any additional action; the charge is taken from the driver’s bank account.
Although Mr X had set up an Autopay account, he received six PCNs for breaches of the ULEZ. He challenged the fines but the Authority upheld each PCN and told Mr X he could appeal to the tribunal. Mr X did not appeal.
Mr X complained to the Authority. The Authority offered to reduce each PCN to £12.50. Mr X did not accept this offer. When Mr X complained to us each PCN was £270.
In response to my enquiries the Authority explained it had not set-up the Autopay correctly. The account was not activated which meant direct debits were not taken to pay the ULEZ charge. As a result, the Authority issued the PCNs. The Authority told me it should have cancelled the PCNs when Mr X challenged the fines and, later, it should have cancelled them rather than offering the reduction to £12.50.
The Authority will now cancel each PCN and write to Mr X to apologise.
The Authority did not handle this well and made a series of errors. However, I will not start an investigation because the Authority has offered a fair remedy by cancelling all the PCNs and apologising. Mr X will not now owe any money. In addition, Mr X could have appealed to the tribunal and we normally expect people to use whatever appeal rights are available.
Final decision
We will not investigate this complaint because the Authority will cancel the PCNs and Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman