Summary: We cannot investigate this complaint about a penalty fare. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council is not responsible for issuing the penalty fare and we have no jurisdiction to investigate the actions of a private company.

The complaint

1. Mr X complains about being issued with a penalty fare despite attempting to buy a ticket from a defective ticket machine. He also complains about poor handling of his appeal and complaint. Mr X says he has been caused emotional distress, time and trouble and financial loss.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of private companies such as the Nottingham Express Transit (NET) that issued Mr X with a penalty fare. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and asked the Council if it had any ownership of the NET.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We cannot investigate Mr X’s complaint because it concerns the actions of a private company, and we have no remit to investigate.

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Investigator's decision on behalf of the Ombudsman