Transport for London (23 018 321)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 05 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because Mr Y has already used his right to appeal.
The complaint
- Mr Y complained the Authority has wrongly issued a Penalty Charge Notice to her for entering the Ultra Low Emission Zone (ULEZ) without making payment. Mr Y says the PCN was unfair and would like it to be cancelled.
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 Mr Y and the Ombudsman’s Assessment Code.
My assessment
- Mr Y received a PCN from the Authority after travelling through the Authority’s ULEZ without making payment. Mr Y challenged this at the London Tribunals using his right of appeal. As Mr Y has used his right to appeal to the London Tribunals, we cannot by law, now investigate his complaint about the same matter. Consequently, we will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because he has already used his right to appeal about the matter.
Investigator's decision on behalf of the Ombudsman