The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty for an unpaid toll charge as any fault by the Authority has not caused significant injustice to the complainant.
The complaint
Mrs X complains about how the Authority dealt with her appeal against a penalty for not paying a toll charge and that it has passed the case to a debt collection agency. This has caused Mrs X distress.
The Ombudsman’s role and powers
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 any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains about inadequate signage and information about how to pay a toll charge when she travelled through the Tyne Tunnel. Mrs X received a notice from the Authority for failing to pay the toll charge and appealed against this. Mrs X complains about delay in it responding to her appeal and that the case has been passed the case to a debt collection agency.
The toll charge can be paid up to midnight on the day after the day of travel through the tunnel and information about this can be easily found via an internet search. I consider it is reasonable to expect Mrs X to have paid the toll charge this way. I cannot therefore say that any fault by the Authority resulted in Mrs X receiving a notice for non-payment and as such, there are not grounds to investigate.
While I recognise Mrs X is unhappy the case has been passed to a debt collection agency, this is the procedure set out in the byelaw under which the unpaid notice was issued.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence that fault by the Authority has caused injustice to Mrs X.
Investigator's decision on behalf of the Ombudsman