The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. Miss X used her right of appeal to London Tribunals and the law says we cannot investigate the matter.
The complaint
Miss X complained about a Penalty Charge Notice (PCN) she received for driving in the Ultra-Low Emissions Zone (ULEZ) without having paid the ULEZ charge. She found out she had paid the charge to a scam website, and the matter has caused her significant distress. She wanted the Authority to waive the penalty and related enforcement costs.
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
Miss X appealed a PCN to London Tribunals. However, she says due to her disability she could not attend the hearing. The tribunal refused Miss X’s appeal.
The law says when a person has used their right of appeal to a tribunal, we have no power in law to investigate the matter. We cannot investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because she used her right of appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman