Summary: We will not investigate Mr X’s complaint about Transport for London’s refusal to cancel two penalty charge notices. This is because Transport for London has now cancelled the penalty charge notices and it is unlikely investigation would achieve anything more for him.

The complaint

1. The complainant, Mr X, complains Transport for London (TfL) refused to cancel two penalty charge notices (PCNs) when his number plate was cloned and used to drive in the ultra-low emission zone without paying the charge.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr X and TfL.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When Mr X first received the PCNs he made representations against them to TfL. TfL asked for further information in support of Mr X’s claim that his number plate had been cloned but it says he did not respond. It therefore rejected his representations in December 2023 and advised him of his right to appeal to London Tribunals.
6. Mr X did not appeal at the time but he continues to the dispute the PCN and contacted his MP. His MP then raised the matter with TfL and TfL reviewed the case and decided to cancel the PCNs. It confirmed the cancellation to Mr X in writing on 22 October 2024.

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Final decision

7. We will not investigate this complaint. This is because TfL has cancelled the PCNs and it is unlikely investigation would achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman