Summary: The Ombudsman will not investigate Miss C’s complaint about a penalty fare. This is because Miss C has not yet completed the appeals process with the Appeal Service.

The complaint

1. Miss C says Transport for London (TfL) incorrectly issued a penalty fare for non-payment of a bus fare. Miss C says this caused her embarrassment and financial loss.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 there is another body better placed to consider this complaint.

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

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How I considered this complaint

4. I considered what Miss C said in her complaint and invited her to comment on a draft of this decision.

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What I found

5. Miss C says TfL issued a penalty fare of £40 for an unpaid bus fare. Miss C disputes the penalty and says she paid the fare with her bank card.
6. Miss C says she contacted the Appeal Service and has provided a reference but has not said if she submitted an appeal. Miss C says the Appeal Service asked for her bank card details before it would look at her appeal, but she is reluctant to provide this information because she is concerned about fraud.
7. Miss C can appeal to TfL’s Appeal Service as an alternative to pursuing the complaints procedure. In considering whether we should investigate, the Ombudsman must be satisfied TfL have been given a reasonable opportunity to address this matter. Miss C says the Appeal Service will not look at her appeal until they have received her bank card details, and she is reluctant to provide these. I am therefore not satisfied the Appeal Service have been given this opportunity.
8. To consider Miss C’s appeal, the Appeal Service needs to check TfL’s records of payments. Its request for Miss C’s bank card details is therefore understandable if the payment was made by bank card. I note Miss C’s reluctance to provide these details but do not consider it to be a barrier to appeal or a basis for concern. The Appeal Service is a public body and TfL would be responsible for its actions in handling Miss C’s appeal.
9. As Miss C has not yet completed the appeals process, my view is it is too soon to consider the matter further, and the Ombudsman should not investigate the complaint. Miss C can request an appeal and should pursue her complaint via the Appeal Service.

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Investigator's decision on behalf of the Ombudsman