Summary: The Ombudsman will not investigate this complaint about a Penalty Fare because the Independent Appeals Panel will consider the appeal.

The complaint

1. The complainant, whom I refer to as Ms X, disputes a bus Penalty Fare. She says she has been unable to appeal because the Authority sent the letters to the wrong address.

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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 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 an investigation if we believe:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for an appeal.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the letters the Authority sent to Ms X. I found out there was an independent appeal arranged for last week. I invited Ms X to comment on a draft of this decision.

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What I found

4. The Authority issued Ms X with a bus penalty fare. The fine was £80. The fine was reduced to £40 if paid promptly.
5. Ms X disputes the fine. She says there was a problem with the payment card reader. She says the Authority sent the letters about the fine to the wrong address which meant she was too late to appeal. Ms X paid £80.
6. I have seen the letters the Authority sent to Ms X. The Authority used the correct address.
7. The Authority has accepted an appeal from Ms X. The independent appeal panel was due to consider the appeal last week. The fine was held at £40.

Assessment

8. I will not start an investigation because the independent appeal panel will have considered the appeal. This is the correct body to consider appeals about bus penalty fares and the Ombudsman cannot intervene in that process. The panel will decide if Ms X has to pay the penalty fare. If the panel rejected the appeal I would still not start an investigation because the panel, not the Ombudsman, is the appeal body.

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Final decision

9. I will not start an investigation because the independent appeal panel will have considered the appeal.

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Investigator's decision on behalf of the Ombudsman