The Ombudsman's final decision
Summary: We cannot investigate this complaint about two Penalty Charge Notices issued in relation to the Ultra Low Emission Zone. This is because the complainant appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about two Penalty Charge Notices (PCN) the Authority issued regarding the Ultra Low Emission Zone (ULEZ). Mr X says he tried to pay and the period provided for payment is too short. Mr X wants the Authority to give him a refund and allow him to pay the ULEZ daily charge (£12.50).
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. 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)
How I considered this complaint
I considered information provided by Mr X. This includes the decision made by the tribunal. I also considered our Assessment Code.
My assessment
The Authority issued two PCNs because Mr X entered the ULEZ and did not pay the daily charge.
Mr X says he missed the deadline to pay partly due to his location and work commitments and partly because the time to pay is too short. Mr X says he tried to pay the charge before the deadline but could not do so due to problems with the Authority’s payment system.
The Authority says there were no issues with its payment system on the day Mr X tried to pay.
Mr X appealed to the tribunal. The tribunal dismissed his appeal and directed that Mr X must pay £180 for each PCN. The Authority said it would accept £90 for each fine if Mr X paid within 14 days of the date of the tribunal decision.
Mr X continues to dispute the PCNs. He wants the Authority to issue a refund and allow him to pay the daily charge for each trip into the zone.
The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. This restriction applies regardless of whether the person wins or loses the appeal. Mr X appealed to the tribunal so we 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