The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty the Council issued to Mr X for driving in the Clean Air Zone. Mr X used his right of appeal to the Traffic Penalty Tribunal.
The complaint
Mr X complained the Council wrongly issued him a penalty for driving in the Clean Air Zone (CAZ), when it had returned his payment on the day. He says he paid the fine to avoid further charges, and says the Council then closed his case and his appeal was dismissed. Mr X says the matter has caused him significant distress and he has lost £120. He would like the Council to refund this and compensate him for his distress and inconvenience.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X received a penalty charge from the Council after he had driven in the CAZ. He says he had paid the charge on the day of the alleged offence, and therefore challenged the matter. The Council refused his appeal, and he therefore referred it to the Traffic Penalty Tribunal (TPT).
We will not normally investigate such a complaint, because it is reasonable for the person to use their appeal rights. In cases where the person has already used their appeal rights, we are expressly prohibited in law from investigating the matter.
The TPT decided the penalty was validly imposed, and none of the grounds of appeal had been made out. Mr X’s appeal was not successful, but this does not mean we can then investigate the matter. We have no power to change the tribunal’s decision.
Final decision
We will not investigate Mr X’s complaint because he used his right of appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman