The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about several penalty charge notices issued by Transport for London for driving in the ultra-low emission zone without paying the charge. This is because Transport for London has agreed to cancel the penalty charge notices and refund Miss X’s payment and it is unlikely investigation would achieve anything more for her.
The complaint
The complainant, Miss X, complains Transport for London (TfL) issued her penalty charge notices (PCNs) when she thought she had paid the ultra-low emission zone (ULEZ) charge. She says she fell victim to a scam and was not trying to avoid paying the ULEZ charge.
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 do not start an investigation if we decide 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 Miss X and TfL.
I considered the Ombudsman’s Assessment Code.
My assessment
There is no suggestion of any fault by TfL in issuing the PCNs as Miss X drove in the ULEZ without paying the charge. But TfL accepts this was not intentional and it has therefore exercised its discretion to cancel the PCNs and to refund Miss X’s payment of £270. This provides a satisfactory outcome to the complaint and it is unlikely we would recommend anything more for Miss X.
Final decision
We will not investigate this complaint. This is because TfL has cancelled the PCNs and refunded Miss X’s payment and it is unlikely investigation would achieve any worthwhile outcome.
Investigator's decision on behalf of the Ombudsman