The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that Transport for London failed to notify him about changes to its congestion charge scheme. This is because the injustice he claims is not the result of any fault and is not significant enough to warrant investigation.
The complaint
The complainant, Mr X, complains Transport for London (TfL) failed to properly inform customers about changes to the congestion charge scheme. As a result he was unaware the charge had become payable at weekends and received a penalty charge notice (PCN) which he paid at the discounted rate of £80.
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 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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Background
Unless an exemption applies motorists must pay a fee to drive in the congestion charge zone in London. TfL administers and enforces the scheme.
Before the onset of the COVID-19 pandemic the fee was payable for driving in the congestion charge zone on week-days only but as part of a government bailout TfL agreed to extend the scheme to apply every day including weekends (but excluding Christmas day) from 7am to 10pm. The amount of the charge also increased from £11.50 to £15.
Mr X complains he received no notification from TfL about the changes to the scheme and when he drove into the City for the first time since the start of the COVID-19 pandemic he did not realise he would have to pay the congestion charge as it was a weekend. He did not pay and TfL issued him a PCN, which he paid at the discounted rate of £80.
My assessment
The PCN has added £65 to the standard cost of the congestion charge and this is not significant enough to warrant investigation. We also could not say the additional charge is the result of fault by TfL or that there is any overriding public interest in investigating this matter further.
This is because the changes to the congestion charge scheme took place almost a year before Mr X received the PCN and were widely publicised at the time. TfL’s website clearly shows the charge is payable every day between 7am and 10pm and it is the responsibility of the motorist to ensure they are aware of any charges that may be due.
Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
Final decision
We will not investigate this complaint. This is because Mr X’s injustice is not the result of fault by TfL and is not significant enough to warrant investigation.
Investigator's decision on behalf of the Ombudsman