Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can use the statutory process.

The complaint

1. The complainant, Ms X, says the Authority is bullying her in relation to a Penalty Charge Notice (PCN) even though she paid £12.50 in full and final settlement.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Authority. This includes the correspondence about the PCN. I also considered our Assessment Code.

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My assessment

6. If a driver enters the Ultra Low Emission Zone (ULEZ) and does not pay the £12.50 charge, then the registered keeper will be sent a PCN. It is not possible to pay the daily charge by cheque.
7. The Authority sent Ms X a PCN for driving into the zone without paying the charge. The fine was £180 but this was reduced to £90 if paid within 14 days. The notice said the Authority would issue a charge certificate if Ms X did not pay the fine, or submit a challenge, within 28 days. The Authority sent the PCN to the correct address.
8. The Authority did not hear from Ms X so it issued a charge certificate and explained the fine had increased to £180. The letter said the Authority may register the fine in court if she did not pay within 14 days.
9. Ms X then tried to challenge the PCN. She said she was not driving at the time and the driver did not see any signs. Ms X challenged the signage and said she did not receive the PCN. Ms X sent the Authority £12.50 in full and final settlement.
10. In response, the Authority said it was too late to challenge the fine. It gave her another 14 days to pay the fine, minus the £12.50 she had already paid. It said that if she did not pay it would register the debt in court and send an Order for Recovery; Ms X could then apply to the court for a statutory declaration.
11. I will not start an investigation because Ms X can use the statutory process if she does not want to pay the fine. She can wait for the Order for Recovery and then apply for a statutory declaration and say she did not receive the PCN. If the court accepts the statutory declaration, the fine will revert to the PCN stage and Ms X can make representations to the Authority and then appeal to the tribunal. It is reasonable to expect Ms X to do this because using the statutory process, and appealing to the tribunal, is the correct way to challenge a PCN. If the court rejects the application for a statutory declaration, Ms X would need to pay the fine as stated on the Order for Recovery.
12. Ms X says she was not the driver when the car entered the zone. However, she is liable as the registered keeper. If she is not the registered keeper then that is a matter she can raise on appeal. Ms X says the Authority accepted £12.50 in full final settlement. But, the amount she owed was £180 and the regulations do not allow someone to pay the daily charge at that point in the process. Ms X says she has not seen any proof that the car entered the zone; Ms X can view images on the Authority’s website.

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Final decision

13. We will not investigate this complaint because Ms X can use the statutory process and appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman