The Ombudsman's final decision
Summary: We will use our discretion not to investigate this complaint about a Penalty Charge Notice for the Ultra Low Emission because the Authority has cancelled the fine.
The complaint
The complainant, Mr X, says he paid the charge to drive into the Ultra Low Emission Zone (ULEZ) but the Authority will not accept his evidence and cancel a Penalty Charge Notice (PCN).
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Authority. I also considered our Assessment Code.
My assessment
The Authority issued Mr X with a PCN for driving into the ULEZ without paying the daily charge. Mr X says he paid the charge and sent proof to the Authority to challenge the fine.
The Authority says it has no record of receiving a payment from Mr X linked to his vehicle on the date of travel. But, as a gesture of goodwill, it has cancelled the PCN. The Authority will write to Mr X confirming it has cancelled the PCN.
Final decision
We will use our discretion not to start an investigation because the Authority has cancelled the PCN.
Investigator's decision on behalf of the Ombudsman