Transport for London (23 021 444)

Category : Transport and highways > Public transport

Decision : Upheld

Decision date : 02 Sep 2024

The Ombudsman's final decision:

Summary: Mr X complained Transport for London has not refunded him for overcharges on his account when using the London Underground. Mr X said this meant he paid for journeys he either did not make or paid more than he should have for journeys he did make. We found Transport for London at fault for how it investigated Mr X’s concerns. Transport for London agreed to apologise to Mr X, pay him the amount he said he was overcharged for and make a payment to him for the time and trouble he experienced bringing the complaint.

The complaint

  1. Mr X complains Transport for London (TFL) overcharged him for using the London Underground and has refused to reimburse him.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. As part of this investigation I considered the information provided by Mr X and TFL. I made enquiries with TFL and considered the information received in response. I sent a draft of this decision to Mr X and TFL for comments.

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What I found

  1. In March 2023, Mr X was overcharged for using the London Underground. Mr X said the overcharges totalled £86.10.
  2. In early August 2023, Mr X sent a web form to TFL about the incorrect charges. A few days later TFL asked Mr X to provide evidence of the overcharges. Mr X sent TFL details of the charges including dates and how much on 10 August 2023.
  3. Mr X chased TFL for a response on 27 August 2023 as he had not heard anything back. In October 2023, TFL emailed Mr X and said it had refunded him £10 for overcharges.
  4. Mr X remained dissatisfied and complained to the Ombudsman as TFL had not refunded him the charges from March 2023.
  5. In response to my enquiries TFL said it no longer had the journey history available to investigate the complaint. TFL said it did not know why £10 was refunded to Mr X in October 2023 or what this related to as there were no notes on its system. TFL said it was now not able to effectively investigate Mr X’s charges from March 2023 and would pay Mr X £86.10 to resolve the matter.

Analysis

  1. After Mr X reported overcharges on his account in August 2023, it is not clear what action TFL took except to refund him £10. It is not clear what this related to or whether this related to the overcharges Mr X claimed he had. This was fault. It also took TFL over two months to respond to Mr X on this matter.
  2. In response to My enquires TFL acknowledged it had not handled Mr X’s complaint effectively or in a timely manner as his queries about the overcharges were not adequately addressed. TFL has agreed to pay Mr X the £86.10 he said he was overcharged.
  3. While this is welcomed, had TFL handled Mr X’s concerns properly at the outset he would not have had to complain to the Ombudsman. TFL could have resolved matters sooner or clearly established what the issues were with Mr X’s charges.

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Agreed action

  1. Within one month of my final decision TFL agreed to carry out the following:
    • Apologise to Mr X for the way it handled his queries about overcharges.
    • Pay Mr X the £86.10 TFL agreed to pay him.
    • Pay Mr X £50 to recognise the additional time and trouble he spent pursuing the matter.
  2. TFL should provide us with evidence it has complied with the above actions.

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Final decision

  1. I have completed my investigation and found TFL was at fault and this caused injustice to Mr X. TFL has agreed to the above actions to remedy the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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