Summary: The Ombudsman will not investigate Mr X’s complaint about Transport for London’s refusal to cancel a penalty charge notice. The notice has now been cancelled and this provides a suitable remedy for Mr X’s complaint.

The complaint

1. The complainant, Mr X, complains Transport for London (TfL) declined to cancel a penalty charge notice (PCN) for driving into the ultra-law emission zone (ULEZ) without paying the charge, despite cancelling another in the same circumstances.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a body has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I reviewed Mr X’s complaint, made enquiries of TfL and considered its response. I shared my draft decision with Mr X and invited his comments.

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What I found

4. TfL issued Mr X two PCNs, one for entering the ULEZ without paying the charge and another for entering the congestion charge zone without paying the charge.
5. There is a set procedure TfL must follow when pursuing PCNs for moving traffic contraventions. When TfL identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to TfL itself and then to London Tribunals. TfL will send the PCN to the address of the registered keeper, as held by the Driver and Vehicle Licensing Agency (DVLA).
6. The motorist has 28 days from the date of the notice to pay the penalty charge or make representations against it. For the first 14 days after the PCN the motorist may pay at a discounted rate of 50% of the full fine.
7. If the motorist does not pay the PCN or challenge it, or if their representations are unsuccessful, TfL may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid TfL may then register the debt with the county court and serve an order for recovery, providing a basis for action by enforcement agents (bailiffs) to recover payment from the motorist.
8. Mr X made representations against both PCNs and TfL accepted one (congestion charge contravention) but refused the other (ULEZ contravention). TfL says this was because Mr X’s representation against the PCN for the ULEZ contravention was made after the deadline for an appeal. Mr X paid the PCN but complained about TfL’s refusal to cancel it.
9. The Ombudsman will not investigate this complaint. Since referring his complaint to the Ombudsman TfL has reconsidered Mr X’s comments and agreed to cancel the PCN. This provides a suitable remedy for the complaint and it is unlikely we would recommend anything further for him.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because TfL has provided a suitable remedy.

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Investigator's decision on behalf of the Ombudsman