Transport for London (25 003 282)
Category : Transport and highways > Public transport
Decision : Closed after initial enquiries
Decision date : 02 Jul 2025
The Ombudsman's final decision:
Summary: We will use our discretion not to investigate this complaint about a Penalty Fare because the complainant appealed to the Independent Appeal Service.
The complaint
- The complainant, Mr X, disputes a Penalty Fare he received while travelling on the Authority’s network. He says he was trying to pay. He wants the Authority to cancel the £100 fine and apologise.
The Ombudsman’s role and powers
- We investigate 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’. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Authority. This includes the decision made by the Appeals Service. I also considered our Assessment Code.
My assessment
- The Authority issued Mr X with a Penalty Fare because he had insufficient funds on his oyster card for his journey. Mr X disputes the fine and says he was in the process of topping up his card.
- Mr X has completed three stages of the appeals process with the final decision being made by the Independent Appeal Service. The Appeal Service dismissed his appeal.
- The Authority says the fine is currently £50 and the payment deadline is 31 July.
- I will not start an investigation because Mr X has completed the appeals process and we are not a further appeal body. It is not my role to re-make the Appeal Services’ decision or say whether the decision is right or wrong. Mr X has followed the correct process by appealing but he has reached the final stage and the decision made by the Appeal Service stands. Mr X continues to dispute the decision but that disagreement does not mean he has further appeal rights.
Final decision
- We will not investigate this complaint because Mr X has completed the appeals process.
Investigator's decision on behalf of the Ombudsman