Summary: Mr X complained the Council destroyed his car which he had left in a car park. The Council was at fault. It did not comply with the notice period in line with guidance before it decided to destroy his car. Furthermore, the Council’s notice letter it sent to Mr X lacked information. The Council has agreed it will apologise to Mr X and pay him £300 to acknowledge the frustration and uncertainty caused by the matter. The Council will remind staff to wait for a notice period to lapse before it disposes of a vehicle it has seized. The Council will also revise its notice letter.

The complaint

1. Mr X complained about the Council’s actions in relation to his car which was damaged and parked in a car park. He said the Council removed his car and then asked him to contact the Council for its release. However, the Council had already destroyed his car when he had contacted it. Mr X said this caused him frustration and distress. He wants the Council to apologise to him and provide him with a financial remedy.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I spoke with Mr X about his complaint and considered the information he provided.
5. I considered the information the Council provided.
6. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

Legislation and government guidance

7. The Refuse Disposal (Amenity) Act 1978 and the Removal and Disposal of Vehicle (England) Regulations 1986 (as amended) set out the legal framework for the removal and disposal of abandoned vehicles.
8. The legislation states councils have the power to remove a vehicle if it has been:
• broken down on a road or other land and appears to be abandoned or;
• left on a road or other land and its condition appears to be abandoned.
9. Government guidance lists the following factors which councils consider to establish if a vehicle has been abandoned:
• it has no keeper on DVLA’s database and is untaxed;
• it has been stationary for a significant period of time;
• it has been haphazardly parked in an inappropriate place;
• it is burned out;
• it is significantly damaged, not roadworthy or run down e.g. flat tyres, missing windows, or broken down;
• a number plate is missing.
10. Government guidance states councils can dispose of a vehicle in its custody if it:
• is only fit to be destroyed;
• has no number plates or tax disc (even an expired one).
11. Councils must try to find the owner of the vehicle. If the owner is found, councils must give them a 7 day written notice to collect the vehicle before disposing of it. They must return a vehicle to its owner if the owner claims it and pays the authorities’ costs of removal and storage.
12. The Council’s ‘Abandoned Vehicle’ policy states it has a duty to remove abandoned vehicles in the area. If the Council removes a vehicle, it can arrange the disposal of it immediately if:
• it is fit to be destroyed;
• it has no number plates or is untaxed.
13. The policy states if the Council finds the owner of the vehicle it has seized, it will give them 7 days’ written notice to collect the vehicle before it disposes of it. The Council will return a vehicle to its owner if they claim it, providing they pay the costs of removal and storage.

What happened

14. Mr X had a car which he was the owner and registered keeper of. Towards the end of June 2021, Mr X’s car was involved in an accident which left his car significantly damaged and not fit for the road. A recovery truck towed Mr X’s car to Mr X’s friend’s address. The recovery company left the car in a car park which was Council land and formed part of a block of residential flats. Mr X wanted to sell parts of his car however, he had to wait until his car insurance company had settled his claim. Mr X had intended for his car to remain in the car park until then.
15. In mid-August 2021, the Council received a report of Mr X’s car being left in the car park. The Council visited the car at the location and noted it was hazardous due to the condition it was in. It was also parked in the middle of the car park, taking up space. The Council decided to remove the car from the car park.
16. Following this, the Council completed a check with the Driver and Vehicle Licencing Agency (DVLA) and found Mr X was the owner and registered keeper of the car. The Council wrote to Mr X and told him it had found a car which was registered to him, at another location. It told Mr X it had removed the car due to its hazardous condition and positioning and had placed it in a storage facility. It continued and said, “If you are the keeper, please contact the office on the above number to claim the vehicle. Please note that you will have to pay for the cost of removal and storage, which is currently set at £200 plus £40 per day storage fees”.
17. Mr X contacted the Council within six days of the Council’s notification letter. However, the Council told Mr X it had already scrapped his car. Mr X complained to the Council. He wanted to know why the Council had destroyed his car. Mr X wanted the Council to compensate him for destroying his car.
18. The Council responded to Mr X. It said it had checked with the DVLA who told it his car was registered to be scrapped in June 2021. It said the car was parked on Council land but registered to Mr X’s home address which suggested it had been abandoned. The Council said it removed and destroyed Mr X’s car in line with guidance. It did not compensate Mr X for destroying his car.
19. Mr X remained unhappy and complained to us. In his complaint to us, Mr X said as he was intending on selling parts of the car, he could have made approximately £2,300. However, Mr X did not provide any evidence to support this claim.

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Findings

20. Mr X’s car was damaged and parked in a car park. The Council visited the location and assessed the car was significantly damaged and parked inappropriately. The Council acted in line with guidance when it removed Mr X’s car from the car park. It was not at fault.
21. Councils can dispose of an abandoned vehicle it has seized if it meets the criteria. In this case, Mr X’s car was fit to be destroyed. However, the Council had located Mr X as the owner of the car. The legislation required the Council to give Mr X a seven-day notice period for him to claim his car. Yet, the Council told Mr X it had already destroyed his car when he had contacted it six days after receiving the letter. The Council did not allow for the seven-day period to lapse before destroying Mr X’s car. This was fault and not in line with legislation or the Council’s policy. This caused Mr X frustration and uncertainty as Mr X said he could have salvaged his car.
22. The Council’s notification letter it sent to Mr X lacked important information. It did not advise Mr X he had seven days to claim his car. It also did not state what action it could take such as disposing of his car. This was fault.
23. Mr X called the Council to claim his car and was aware from the Council’s letter he would have to pay costs to do so. As Mr X had contacted the Council within six days of the notification letter, in total he would have had to pay £440 to the Council. Mr X believed he would have made £2,300 by salvaging his car. However, I cannot say with any certainty even on the balance of probabilities the amount of money Mr X would have received for salvaging the car.

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Agreed action

24. Within one month of the final decision, the Council has agreed it will:
• apologise to Mr X and pays him £300 to acknowledge the frustration and uncertainty caused by the fault identified.
• remind staff, when an owner of an abandoned vehicle has been located and the Council has contacted the owner, to wait for the full notice period to lapse before disposing of it.
• revise its notice letter it sends to owners of abandoned vehicles so it is clear what the notice period is and what action it intends on taking.

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Final decision

25. I have now completed my investigation. There was evidence of fault causing injustice which the Council has agreed to remedy.

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Investigator's decision on behalf of the Ombudsman