Summary: We will not investigate Mr X’s complaint about the issue and handling of an unpaid toll charge notice concerning one of the Tyne Tunnels. This is because we could not achieve any worthwhile outcome for Mr X. Tyne Tunnels 2 Limited operates and manages the tunnels and their actions fall outside our jurisdiction.

The complaint

1. The complainant, Mr X, complains about Tyne Tunnels 2 Limited’s (TT2’s) handling of an unpaid toll charge notice (UTCN). He says he did not receive the original UTCN so did not have a chance to pay the fine at the initial rate of £32.50. He also complains about TT2’s rejection of his appeal against the increased UTCN and that he did not receive the final notice for six weeks after its issue.

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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 the Ombudsman’s Assessment Code.

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My assessment

4. TT2 is responsible for the operation and management of the Tyne Tunnels including issuing UTCNs, but it is not itself a body within our jurisdiction. We cannot therefore investigate any complaint about its actions in relation to the enforcement of unpaid tolls.
5. The North East Mayoral Combined Authority (“the Authority”) is a body within our jurisdiction but it is not responsible for TT2’s actions; it may conduct an external review of TT2’s handling of a complaint but its role is limited to complaints handling and it would not therefore become involved with TT2’s handling of an UTCN or issues concerning the delivery of notices related to the UTCN.
6. Mr X’s concerns relate to the issue of the UTCN and TT2’s handling of his appeals, rather than any actions by the Authority. TT2’s actions fall outside our jurisdiction to investigate and I have seen nothing to suggest there is any separate complaint about the Authority which warrants investigation.

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Final decision

7. We will not investigate this complaint. This is because we could not achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman