The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice in relation to the Clean Air Zone. This is because the complainant could have appealed to the tribunal.
The complaint
The complainant, Mr X, complains about a Penalty Charge Notice (PCN) for the Clean Air Zone (CAZ). PA says he paid the daily charge three times and should not have to pay another £69.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the correspondence about the PCN and an update from the Council. I also considered our Assessment Code.
My assessment
The Council issued a PCN for driving in the CAZ without paying the £9 charge.
Mr X challenged the fine. He said he had paid the charge three times although for one payment he used the wrong registration.
The Council rejected his challenge. The Council gave Mr X the option to pay £9 within seven days, £69 within 14 days or £129 within 28 days. Altgernatively, the Council said Mr X could appeal to the tribunal.
Mr X paid £69 after the seven day window to pay £9 had ended. The Council then closed the case.
I will not investigate this complaint because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider PCN appeals. The tribunal would have considered an appeal from Mr X that he had paid the charge to enter the CAZ. The tribunal, if appropriate, had the power to cancel the PCN – we do not have that power.
Final decision
We will not investigate this complaint because Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman