Summary: Mr X complains the Council wrongly removed and destroyed his fast food trailer. He says it did not make efforts to contact him to give him the opportunity to claim the trailer and stop the enforcement action.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council has agreed to:

• arrange for an independent assessor to establish the cost of providing Mr X with a trailer of similar age, quality and fittings as the one it wrongly destroyed. The Council should then pay this sum to Mr X within one month of the independent value assessment.
• write to Mr X to apologise to him for the failures identified;
• pay Mr X £500 for the distress and uncertainty caused by the loss of the trailer and for the time and trouble taken to bring his complaint;
• carry out training to remind staff of the law, regulations, government guidance and its own policy when making decisions about abandoned vehicles;
• review its policy as set out on its website, to clarify its duty to try and find the vehicle owner;
• consider the report to identify if any procedural change is required to prevent a similar situation happening in the future and confirm with us the action it has taken or proposes to take. 

Ombudsman satisfied with Council's response: 29 November 2019

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