The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice issued by Transport for London. This is because Transport for London has agreed to cancel the penalty charge notice and this provides a suitable remedy for the complaint. It is therefore unlikely further investigation would achieve anything more for Ms X.
The complaint
Ms X complains Transport for London (TfL) failed to properly consider her reasons for stopping on a red route. TfL issued Ms X a penalty charge notice (PCN) for the contravention and rejected her challenge against it.
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 Ms X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
As part of my assessment I contacted TfL to request evidence to show how it had considered Ms X’s reasons for stopping on the red route. As part of its response TfL confirmed it had reconsidered the case and decided to cancel the PCN and refund Ms X’s payment for it. This provides a suitable resolution to the complaint and it is unlikely investigation would achieve anything more for Ms X.
Final decision
We will not investigate this complaint. This is because it is unlikely investigation would achieve any worthwhile outcome for Ms X.
Investigator's decision on behalf of the Ombudsman