Summary: We will not investigate this complaint about a penalty charge notice issued by Transport for London. This is because there is not enough evidence of fault by the Authority and it is unlikely investigation would achieve any worthwhile outcome for Miss X.

The complaint

1. Miss X complains about a penalty charge notice (PCN) issued by Transport for London (TfL) for driving in the congestion charge zone without paying the charge. She says she paid the congestion charge but selected the wrong date. She is unhappy the system did not warn her the vehicle was not in the charging zone on the relevant date and that TfL refused to cancel the PCN.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Miss X and the Authority.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. TfL’s payment system does not have access to the relevant data to show motorists whether a vehicle was in the congestion charging zone on any given date. I appreciate Miss X believes it should work differently but it is not for us to say TfL must change it. It is the responsibility of any motorist driving in the congestion charge zone to pay the charge for the relevant date and if they do not, TfL may issue a PCN. It is unlikely we would find fault in the issue of the PCN in this case because Miss X accepts she paid the charge for the wrong date.
6. Miss X is not the owner of the vehicle she drove in the charging zone and she is not therefore liable for the PCN. The owner is a hire company and when Miss X hired the vehicle she agreed to indemnify the owner against any PCNs she incurred. So when TfL issued the PCN the hire company paid it and passed the cost on to Miss X; Miss X did not pay the penalty charge to TfL directly.
7. In response to Miss X’s complaint TfL has agreed to refund the penalty charge but the refund will be to the hire company which paid the PCN rather than to Miss X, who has paid the hire company. Neither TfL nor the Ombudsman has any control over the actions of the hire company and we cannot therefore say it must pass the refund to Miss X. If Miss X wishes to recover her payment to the hire company she should contact them directly.

Back to top

Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by TfL and it is unlikely investigation would achieve any worthwhile outcome for Miss X.

Back to top

Investigator's decision on behalf of the Ombudsman