The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about Transport for London’s handling of a penalty charge notice. This is because Transport for London has agreed to refund most of Mrs X’s payment and the remaining amount, which is £80, is not significant enough to warrant investigation.
The complaint
The complainant, Mrs X, complains she was not allowed to challenge a penalty charge notice (PCN) issued by Transport for London (TfL). She says she has had to pay more than £500 to TfL’s enforcement agents (bailiffs).
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 Mrs X and TfL.
I considered the Ombudsman’s Assessment Code.
My assessment
When TfL initially issued the PCN Mrs X had the option to pay at the discounted rate of £80 or, later, the full rate of £160. Because she did not pay TfL escalated the case, adding a surcharge of £80. It then registered the unpaid PCN as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. TfL instructed bailiffs to recover payment from Mrs X adding further charges of £75 and £235 to the amount owed. In total Mrs X paid the bailiffs £559.
TfL confirms that in response to Mrs X’s complaint it instructed the bailiffs to refund their fees of £310 and refunded £169 of the charges Mrs X paid for the PCN itself. This leaves a remaining charge of £80, which is equivalent to payment of the PCN at the initial discounted rate.
Mrs X clearly still disputes the PCN but her remaining injustice is not significant enough to warrant investigation.
Final decision
We will not investigate this complaint. This is because TfL has agreed to refund the majority of Mrs X’s payment and the amount it has retained for the PCN is not significant enough to warrant investigation.
Investigator's decision on behalf of the Ombudsman