The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
Mr Y complained the authority has failed to respond to his representations against two Penalty Charge Notices (PCNs) after its website and automated payment system failed to accept payment for the Ultra-Low Emission Zone (ULEZ).
Mr Y says he has now had to spend time dealing with the matter and has been told he must pay £240 for each PCN, despite his attempts to pay the £12.50 charge on both occasions, which he considers unfair and disproportionate.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y tried to pay for entrance into the ULEZ in April 2022. He has provided evidence to show the screens he was presented with on the Authority’s website which meant he was unable to make the payment. Mr Y made representations to the Authority in May. The Authority said the representations had been received after the deadline and asked Mr Y to explain why they were late. Mr Y says the PCNs were then reissued in June. Mr Y approached us in September.
Analysis Mr Y may now be out of time to take the matter directly to the London Tribunals. However, he has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCNs and reinstating Mr Y’s right of appeal against them to the London Tribunals. One of the grounds on which to appeal is that you did not receive a response to your representations to the Authority.
As part of this action, the appeals process and lack of response can be considered, as can the issuing of the PCNs.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect him to appeal to the Traffic Enforcement Centre and the London Tribunals.
Investigator's decision on behalf of the Ombudsman