Summary: We will not investigate this complaint about a penalty fare because there is another body better placed to consider the complaint.

The complaint

1. Mr Y complained the Authority issued a penalty fare for failure to have a ticket or pass while travelling on a train. Mr Y appealed to the Appeals Service (AS) but he has complained that it would not accept evidence for his appeal as it was after the deadline, however Mr Y says he did not receive an email to tell him when the deadline was. He has also said members of staff were disrespectful.
2. Mr Y says he feels unfairly treated and has now been asked to pay an increased penalty of £80.

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The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y was issued with a penalty fare in May 2023 by the Authority. He says this was wrongly issued. He appealed this to the Appeals Service (AS). His appeal was unsuccessful.
7. He has complained also that the AS has not considered his appeal properly as evidence was received after a deadline, he was not aware of.
8. Where a person has concerns about the way an appeal has been handled, they can raise this with London Travelwatch, which is a free service. This body was set up to consider such concerns and so is better placed than us to consider this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman