The Ombudsman's final decision
Summary: We cannot investigate this complaint about emission zone penalty charge notices issued to Mr X. This is because Mr X appealed against them to London Tribunals and as such, this matter is no longer within our legal remit.
The complaint
Mr X complains Transport for London (TfL) refused his appeals against two penalty charge notices (PCNs) it issued to him for driving in its ultra-low emission zone (ULEZ). Mr X says he believed he had paid the charge to drive in the ULEZ but it transpired he had been victim to an online scam. Mr X says the PCNs have caused him financial hardship, stress and anxiety.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X used his statutory right to appeal against the PCNs to the parking adjudicators at the independent tribunal, London Tribunals. It rejected Mr X's appeals.
As per paragraph 2, we cannot investigate a complaint when someone has appealed to a tribunal about the matter. This applies in Mr X's case, and we cannot therefore investigate.
Final decision
We cannot investigate Mr X’s complaint because he used his appeal right to the independent tribunal and the matter is now no longer within our legal remit.
Investigator's decision on behalf of the Ombudsman