Transport for London (07A17576 + 2 others)

Traffic management & Parking  Maladministration causing injustice

15 December 2008

Bailiffs visited a motorist in the early hours of the morning and clamped his car in pursuit of a penalty, even though he produced evidence that he had already paid. The Ombudsman found “serious deficiencies” by Transport for London’s officers and said “It is not acceptable that cheques were cashed by the Authority and then little effort was made to contact the drawer or attempt made to reconcile the payments with the relevant penalties.”

Three motorists each received – and paid – penalty charge notices (PCNs) from Transport for London for various motoring contraventions. Their payment cheques were cashed by Transport for London. But the Authority did not tie the payments up with the relevant PCNs and so continued enforcement action, even though the motorists contacted it on numerous occasions to explain that they had paid and that their cheques had been cashed.

Bailiff action was wrongly taken in all three cases, with two of the complainants having their vehicles clamped and then being required to pay the penalties for a second time, together with bailiff costs, before their vehicles were released.

One motorist was visited in the early hours of the morning and he tried to prove to the bailiff that payment had been made. He showed the bailiff the cheque stub and his bank statement showing the cheque had been paid by his bank. He contacted Transport for London and, using an automated system, was able to access the PCN and hear a recording saying that full payment had been made and nothing remained outstanding. But the bailiff refused to consider the evidence or listen to the recorded message. The motorist had to pay him over £600 to get his car released.

When the motorists contacted the Authority to say they had paid the penalties, Transport for London misunderstood their representations, gave inadequate responses and failed to give them proper advice on what information it needed to help match the missing payments with the appropriate PCNs.

“I understand that the Authority’s Notice Processing Service processed over half a million direct customer payments relating to PCNs in 2007 – when these events occurred – and that 30% of those payments were made by cheque,” said the Ombudsman. “But in these cases it failed to initiate a meaningful search for payments the motorists could prove they had made, and chose instead to take enforcement action as if the PCNs remained unpaid.”

When Transport for London finally accepted that it was in error, although it refunded the additional costs associated with enforcement promptly, it failed to refund the original fines – which had been paid twice – within a reasonable period.

Remedy

The Ombudsman found maladministration leading to injustice in each of the three complaints. He recommended that, to remedy the injustice and avoid further similar incidents, Transport for London should:

• develop a comprehensive policy for dealing with payments received that cannot immediately be reconciled with outstanding penalties;
• carry out training for staff to help them recognise the difference between representations against the issue of a penalty and representations that payment had been made;
• review its procedures for locating payments that have been ‘lost’ and reconciling them with outstanding penalties;
• review its procedures for refunding payments to motorists where it accepted they had been wrongly charged so that in the future unreasonable delays do not occur; and
• make compensation payments of £250, £1,050, and £480.

LGO satisfied with TfL's response: 5 August 2009

Date Updated: 10/12/09