Summary: The Council disposed of a vehicle owned by Miss B as it considered it had been abandoned. There was fault in the way the Council reached its decision. The Council has agreed to apologise and make a financial payment for the injustice caused.

The complaint

1. Mr B, on behalf of his wife Miss B, complains that the Council wrongly disposed of her vehicle, which was not abandoned.
2. He says because of this, his wife was caused injustice by the loss of her vehicle, and he was put to time and trouble in pursuing the complaint with the Council.

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The Ombudsman’s role and powers

3. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’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

5. As part of this investigation, I have considered the complaint and the information provided by Mr B. I made enquiries of the Council and considered the comments and documents it provided.
6. I provided Mr B and the Council with a copy of my draft decision and invited their comments. I considered all the comments I received before reaching my final decision.

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What I found

7. The Refuse Disposal (Amenity) Act 1978 says someone abandoning a vehicle on any land in the open air without authority is guilty of an offence and can be fined.
8. The Act places a duty on councils to remove abandoned vehicles from land or roads in their area. It specifies that a “vehicle” includes any trailer intended or adapted for use as an attachment to a vehicle.
9. Government guidance states that it is likely that a vehicle is abandoned if at least one of the following applies:

• It has no keeper on the DVLA database and is untaxed;
• It is stationery for a significant amount of time;
• It is significantly damaged, run down or un-roadworthy - for example has flat tyres, missing wheels or broken windows;
• It is burned out;
• A number plate is missing

10. The decision on whether to classify a vehicle as being abandoned rests with the Council.
11. Section 2 of the Refuse Disposal (Amenity) Act 1978 provides the Council with the discretion to prosecute or issue the registered keeper with a fine.

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Key events

12. The Council received a complaint about an abandoned vehicle on 15 July 2019, stating that it had been in situ for six months.
13. On 19 July 2019, the Council inspected the vehicle. It considered it to be in poor condition with faded paintwork and damage to the bumper. The Council said there was a buildup of leaves and debris on the bonnet and detritus around the base of the vehicle which suggested that it had been parked there for some time.
14. The Council attached a 14-day removal notice to the windscreen.
15. After making enquiries with the Driver and Vehicle Licensing Agency (DVLA), the Council established that Miss B was the registered keeper.
16. On 9 August 2019, the Council sent a letter to Miss B stating its intention to remove her vehicle. It gave Miss B seven days’ notice to make representations or move her vehicle.
17. The Council carried out a further inspection on 30 August 2019 and noted that the vehicle had not been moved. It considered that the criteria for removing the vehicle had been met because, six weeks had passed since it was first inspected.
18. Two days later the Council issued instructions for removal and disposal of Miss B’s vehicle. The vehicle was disposed of on 6 September 2019.
19. On 10 September 2019, a Fixed Penalty Notice was issued for failing to claim the vehicle.
20. A week later, Mr B contacted the Council and said the vehicle had valid tax, insurance, and MOT. He said they had been out of the country for three months and did not agree that the vehicle was abandoned. The Council dismissed the appeal on the basis that Mr B had not supplied any supporting evidence.
21. Mr B complained to the Council and provided a copy of his travel itinerary and evidence to show that the vehicle had been driven in June 2019.
22. The Council agreed that the evidence showed that the vehicle could not have been stationary for six months. It offered Miss B a payment of £50 for the undue distress caused by continuing to receive demands for payment between September and December 2019. In response to the Ombudsman enquiries the Council increased this offer to £150.

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Analysis

23. There is no fault in the Council responding to a report in July 2019 that the vehicle was abandoned. The Council had a duty to inspect the vehicle and take a view on whether it was abandoned.
24. In this case the vehicle was taxed at the time of the initial inspection and had a valid MOT. While the vehicle was old with faded paintwork and damage to the bumper, it had no flat tyres, missing wheels, or broken windows. There was nothing to suggest that the vehicle was unroadworthy.
25. Furthermore, photographs of the vehicle taken on 19 July 2019 and 30 August 2019 do not show a build-up of leaves and debris on the bonnet or detritus, as stated by the Council. The evidence does not support the Council’s judgement that the vehicle had been abandoned for some time and I consider the Council should have done more to substantiate the report that it had been abandoned for six months.
26. The Council failed to follow Guidance and the decision to destroy the vehicle on 6 September 2019 without carrying out further enquiries is fault. Miss B was caused injustice by the loss of her vehicle, and her husband was put to time and trouble in pursuing the complaint with the Council.

Agreed action

27. To remedy the injustice to Miss B and Mr B, within six weeks of my final decision the Council will:
1. Make a payment for the value of the vehicle at the time it was removed;
2. Make a payment of £300 for distress and time and trouble;
3. Apologise to Miss B and Mr B;
4. Remind it staff of Government Guidance and its procedures for dealing with abandoned vehicles.

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Final decision

28. I have found fault by the Council causing injustice to Miss B and Mr B. The Council has agreed to my recommendations and I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman