Summary: We will not investigate Ms X’s complaint about the removal of her vehicle. The Council has provided a suitable remedy for the injustice caused by its fault and Ms X’s remaining injustice stems from the theft of her car, which we cannot hold the Council responsible for.

The complaint

1. The complainant, Ms X, complains the Council removed her vehicle to a street with parking restrictions and issued her several penalty charge notices (PCNs), which were affixed to the windscreen. She says this alerted thieves to the fact the vehicle was not monitored and they subsequently stole and scrapped it. She says the vehicle held sentimental value and her insurance pay-out does not cover the cost of purchasing a replacement on a like-for-like basis.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council accepts it should not have removed Ms X’s vehicle to an area with restricted parking and should not have issued PCNs as quickly as it did. It has agreed to cancel the PCNs and offered to pay Ms X £50. It has also agreed to make changes to its processes to avoid the likelihood of repetition.
5. The Council’s actions provide a suitable remedy for the complaint and it is unlikely investigation would achieve anything further for her.
6. It is of course unfortunate that Ms X’s car was stolen following its removal but we cannot hold the Council responsible for this. It is solely the result of the criminal actions of a third party/third parties over which the Council had no control.
7. If Ms X is unhappy with the pay-out she has received from her insurance company she may wish to take this up with them. We could not reasonably recommend the Council covers the cost of any shortfall.

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Final decision

8. We will not investigate this complaint. This is because the Council has provided a sufficient remedy for the injustice caused by its fault. Ms X’s remaining injustice is the result of the actions of third parties and it is not for the Council to provide a remedy for this.

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Investigator's decision on behalf of the Ombudsman