Summary: We will not investigate this complaint about a penalty charge notice for not paying the London congestion zone charge. We are unlikely to find there has been fault by Transport for London.

The complaint

1. The complainant, who I refer to here as Mr B, has complained Transport for London (TfL) says he must pay a penalty charge for entering the London congestion zone charge. Mr B says he has financial difficulties and cannot afford to pay the penalty charge.

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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 may decide not to start an investigation if 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

3. I considered information provided by Mr B and TfL. I also considered our Assessment Code.

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My assessment

4. TfL enforces the congestion charging zone and takes recovery action using procedures set out in the Greater London Authority Act 1999 and associated Regulations. TfL and motorists must follow these procedures which do not make provision for reduced payments or payments by instalment..
5. TfL issued a penalty charge notice to Mr B because it believed he drove in the congestion zone without paying the required charge to do so. The penalty charge was £160 although TfL could accept a discounted amount of £80 if Mr B paid within 14 days. In line with the Regulations, the penalty charge has now increased to £240.
6. There is no specific provision in the Regulations to cancel a penalty charge because of financial hardship. TfL can register an unpaid penalty charge as a debt with the Traffic Enforcement Centre at Northampton County Court. This allows it to use bailiffs to collect the debt plus the bailiffs’ costs of up to £420.
7. TfL says it is prepared to accept the discounted amount of £80 from Mr B if he pays promptly. If he does not, it will continue with recovery action.

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Final decision

8. We will not investigate Mr B’s complaint because we are unlikely to find fault by TfL has caused him injustice. TfL is entitled to recover the unpaid penalty charge and has offered to reduce the amount Mr B currently owes by £160 to £80.

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Investigator's decision on behalf of the Ombudsman