Summary: We cannot investigate Mr X’s complaint about a penalty charge notice for driving in the ultra-low emission zone without paying the charge. This is because Mr X has used his right of appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for driving in the ultra-low emission zone (ULEZ) without paying the charge. Mr X says his vehicle is compliant with EU legislation and believes the PCN is invalid.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

6. I considered information provided by Mr X and the Authority.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X made representations against the PCN to TfL but TfL refused them. He then appealed to London Tribunals but the Adjudicator dismissed his appeal.
9. Because Mr X has appealed against the PCN to London Tribunals we cannot investigate any complaint about its issue or TfL’s response to his representations.
10. However, even if we could investigate we would not. This is because Mr X paid the PCN at the discounted rate of £90 and this amount is not significant enough to warrant investigation.
11. While Mr X is also unhappy TfL did not respond to his complaint, the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). We cannot therefore investigate this issue separately.

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Final decision

12. We cannot investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman