The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice for the Ultra Low Emission Zone because the Authority will cancel the fine.
The complaint
The complainant, whom I refer to as Mrs X, complains about a Penalty Charge Notice (PCN) she received for not paying the charge to drive through the Ultra Low Emission Zone (ULEZ). Mrs X accepts she did not pay within the time limit but says there were reasons for the late payment.
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)
How I considered this complaint
I considered information provided by Mrs X and the Authority. This includes the correspondence about the PCN and an update from the Authority. I also considered our Assessment Code.
My assessment
Mrs X drove into the ULEZ. She tried to pay the daily charge but it was not accepted because she did not pay by the deadline of midnight on the third charging day.
Mrs X appealed to the tribunal. She presented various mitigating factors which included not living in London, being unfamiliar with the ULEZ, serious family illness, and trying to pay the charge. The tribunal adjudicator dismissed the appeal and said he could not consider mitigation.
In response to my enquiries the Authority said it will cancel the PCN as a gesture of goodwill due to the mitigating circumstances presented by Mrs X. The Authority will write to Mrs X to confirm this.
Final decision
We will not investigate this complaint because the Authority will cancel the PCN.
Investigator's decision on behalf of the Ombudsman