Summary: We will not investigate this complaint about the amount the Council is requiring Mrs X to pay for two penalty charge notices as this is set out in law and we cannot question it.

The complaint

1. Mrs X complains Transport for London (TfL) asks her to pay the full amount for two penalty charge notices (PCNs) it issued to her for driving in a low emission zone. Mrs X wants to be able to pay the initial, reduced amount and to pay in instalments. Mrs X also complains about conflicting information she says TfL has given her in respect of agreeing an instalment plan.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X chose to appeal against the PCNs rather than paying them in the period when a reduced charge applied. By choosing to appeal, Mrs X lost the right to pay the reduced amount and the full amount became due, as indicated by London Tribunals in its decisions on her appeals. We cannot question this as this is the procedure set out in law. We cannot therefore achieve the outcome Mrs X seeks of paying the reduced amounts.
6. Mrs X says she has spoken to several people at TfL since to try to arrange a payment plan and has been given conflicting information, though Mrs X does say TfL did offer a plan but she initially rejected it. Mrs X now wants to accept that payment plan. I will make the Council aware of this, but I do not consider there is sufficient injustice caused to Mrs X from this aspect of her complaint, as a separate matter, to warrant our further involvement.
7. For these reasons, we will not investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman