Summary: We will not investigate this complaint about a Penalty Fare for a bus journey. This is because the case has already been considered by the Independent Appeal Body.

The complaint

1. The complainant, Ms X, complains about a Penalty Fare she received for travelling on a bus without her discounted travel photocard. Ms X wants the Authority to cancel the fine because she paid for the journey.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Ms X. This includes the decision made by the Independent Appeal Panel. I also considered our Assessment Code.

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My assessment

5. Some people qualify for discounted bus and tram travel. To qualify for the discount the person must travel with the discounted oyster card and the discounted photocard. The rules say “To get discounted travel, you must carry your valid bus and tram discount photocard and your oyster card with the Bus and Tram discount set on it for each journey.”
6. Ms X has a discounted oyster card and a discounted photocard. Ms X travelled by bus but left the photocard at home by mistake. The Authority issued a penalty fare; the fine was £100 but reduced to £50 if paid within 21 days.
7. Ms X appealed. The Independent Appeal Panel considered her appeal and accepted she had made an error and left the photocard at home. It noted people are only entitled to cheaper travel if they show their photocard when asked to do so; this is so the Authority can be sure the discounted travel is being claimed by the right person. The Panel accepted Ms X is entitled to cheaper travel but it decided not to cancel the penalty fare because she could not produce a copy of her photocard as required. The Panel gave Ms X 14 days to pay at the discounted rate of £50.
8. Ms X disagrees with the decision and says she cannot afford to pay. She wants the Authority to cancel the fine.
9. I will not investigate this complaint because the case has already been heard by the Independent Appeal Body and we do not function as a further right of appeal. The decision made by the Appeal Panel is final and we cannot question that decision or ask the Authority to cancel the fine contrary to the findings of the Panel. Ms X acted appropriately by using her appeal rights but we cannot intervene simply because she has exhausted her appeal rights and disagrees with the outcome.

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Final decision

10. We will not investigate this complaint because it has already been decided by the Appeal Panel.

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Investigator's decision on behalf of the Ombudsman