Decision : Upheld
Decision date : 30 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Transport for London’s issuing a penalty charge notice for entering an ultra-low emission zone without paying the charge. This is because Transport for London has now agreed to waive the charge and it is unlikely an investigation would achieve anything more.
- Mr X complains Transport for London (TfL) have failed to respond to his presentations against a penalty charge notice (PCN) he received for entering an ultra-low emissions zone (ULEZ) without paying and as such the amount payable increased.
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 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 an authority has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant. I contacted TfL about the complaint and considered its response.
- I considered the Ombudsman’s Assessment Code.
- Mr X received a PCN issued by TfL because he had failed to pay the ULEZ charge online. Mr X paid the initial charge late and asked TfL to accept that payment. TfL wrote to Mr X again demanding a higher payment but did not acknowledge or respond to the representations it had received.
- TfL told me it intends to waive the charges due and refund the money paid.
- In the circumstances it is unlikely further investigation would achieve anything more for Mr X as he accepts the contravention occurred and TfL has cancelled the PCN.
- We will not investigate Mr X’s complaint because TfL has agreed to waive the PCN costs, and it is unlikely an investigation would achieve anything more for him.
Investigator's decision on behalf of the Ombudsman