The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about being chased by enforcement agents for a debt he was not liable for. This is because Transport for London has appropriately remedied the injustice caused by the accepted faults and an investigation would not lead to any different outcomes or findings.
The complaint
Mr X complains about being chased by enforcement agents for a debt he was not liable for.
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 an investigation if we decide: we could not add to any previous investigation by the organisation, or investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains he had been contacted by enforcement agents chasing for a debt he did not owe. He said the enforcement agents have tried to contact him numerous times.
Transport for London explained a penalty charge notice had been sent to another person who had a similar name to Mr X. As no payment or response received, warrants for the recovery of the charges were issued and the case sent to an enforcement agent.
The enforcement agents initiated a trace in November 2022 which returned Mr X’s contact number. Transport for London accepted that once Mr X had told the enforcement agents he was not liable for the debt, recovery action should have been suspended and further enquiries made.
In recognition of the inconvenience and distress caused by the fault, Transport for London offered Mr X £100. This offer was in line with the Ombudsman’s guidance on remedies. Mr X said he had not received this payment.
In response to our enquiries, Transport for London confirmed its enforcement agents had sent Mr X a cheque for this amount. However, the cheque had not been cashed. Transport for London has confirmed it will contact Mr X to obtain his bank details to make the payment.
Therefore, an investigation is not justified as it would not lead to any further outcomes or findings. Fault has already been acknowledged regarding Mr X being incorrectly pursued for the debt and an appropriate remedy has been offered.
Final decision
We will not investigate Mr X’s complaint because Transport for London has appropriately remedied the injustice caused by the accepted faults and an investigation would not lead to any different outcomes or findings.
Investigator's decision on behalf of the Ombudsman