The Ombudsman's final decision
Summary: We will not investigate this complaint about penalty charge notices issued by Transport for London as they have now been cancelled and we cannot add to this.
The complaint
Miss X complains Transport for London (TfL) wrongfully issued her with two penalty charge notices (PCNs) when she had paid the fee to drive in the low emission zone. Miss X seeks compensation for the time and trouble she was put to in challenging the PCNs.
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’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
TfL has told me that Miss X did not initially challenge the PCNs and so enforcement of the PCNs progressed in line with the law. TfL confirms that now challenges have been received, the PCNs have both been cancelled and any money Miss X paid in respect of them will be refunded.
We will not investigate this complaint as we cannot add to this. This is not a complaint that would require us to ask TfL to make a financial payment to Miss X to remedy any remaining injustice.
Final decision
We will not investigate Miss X’s complaint because TfL has cancelled the PCNs and we cannot add to this.
Investigator's decision on behalf of the Ombudsman