Transport for London (19 018 140)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 05 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about the ultra-low emission zone scheme run by Transport for London. This is because it is unlikely we would find fault and we cannot achieve the outcome Mr X wants.
The complaint
- The complainant, Mr X, complains about the amount of time Transport for London (TfL) gives motorists to pay the ultra-low emission zone (ULEZ) charge. He also complains about the amount of the penalty charge for non-payment.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we would find fault, or
- the fault has not caused injustice to the person who complained, or
- the injustice is not significant enough to justify our involvement, or
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.
What I found
- Mr X complains generally about TfL’s running of the ULEZ. He believes TfL should allow more time for payment of the ULEZ charge and says the penalty charge of £80 is excessive and should not be allowed.
- The Ombudsman will not investigate this complaint. A Charging Order sets out the timescale for payment of the charge and the amount of the penalty for non-payment. This was confirmed by the Mayor of London and it is not for us to say TfL must amend it at Mr X’s request. TfL operates the scheme in accordance with the Charging Order and this is not fault.
Final decision
- The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault by TfL and we cannot achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman