Transport for London

The Ombudsman's final decision

Summary: Dr X complained Transport for London failed to properly respond to his representations against a Penalty Charge Notice. We will not investigate this complaint. Transport for London has cancelled the Penalty Charge Notice and made a refund to Dr X and further investigation is unlikely to lead to a different outcome.

The complaint

Dr X complains Transport for London failed to respond to his representations against a Penalty Charge Notice (PCN) and then increased the amount he had to pay. Dr X feels the PCN was mishandled, and he has been treated unfairly by Transport for London.

The Ombudsman’s role and powers

We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) We can decide whether to start or discontinue an investigation into a complaint or any part of a complaint that is within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

How I considered this complaint

I considered all the information Dr X provided. I also considered information received from Transport for London.

Dr X and Transport for London had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

What I found

What happened There is a set procedure local authorities must follow when pursuing PCNs for moving traffic contraventions. When the authority identifies a contravention, it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the authority itself and then to a Tribunal.

The motorist has 28 days from the date of the notice to pay the penalty or make representations against it. For the first 14 days after the PCN, the motorist may pay at a discounted rate of 50% of the full fine.

Transport for London issued Dr X a PCN for stopping in a yellow box junction in July 2023. However, this was initially sent to the company Dr X leased his vehicle from. The company alerted Dr X to the PCN, and he made representations to Transport for London. At the same time, the company informed Transport for London that Dr X was the responsible party, and it reissued the PCN to him.

Transport for London did not respond to Dr X’s representations, which were made prior to the PCN being reissued, but wrote to him requesting payment of the full PCN amount. Dr X paid the PCN and wrote to Transport for London to complain.

Since the complaint has come to us, Transport for London has reviewed the PCN. As it did not acknowledge Dr X’s initial challenge to the PCN, it has cancelled the penalty and refunded the £240 Dr X paid.

Analysis Transport for London has accepted it ought to have responded to Dr X’s initial challenge but failed to do so. This is fault. However, it has already cancelled the PCN and refunded the money Dr X paid to it. I find Transport for London’s actions here provides a suitable remedy for any injustice to Dr X and it is unlikely we would recommend anything more.

Final decision

We have not investigated this complaint. This is because further investigation is unlikely to result in a different outcome.

Investigator’s decision on behalf of the Ombudsman

Investigator's decision on behalf of the Ombudsman