Summary: We will not investigate this complaint about a Penalty Charge Notice because there is another body better placed to consider the complaint.

The complaint

1. Mr Y says the Council wrongly towed his vehicle in conjunction with the local police, causing damage to the vehicle and costing him £265 to have released, which he says the Council will now not refund to him. Mr Y also complained that the Council’s officers impersonated police and committed fraud in their actions. He also complained the Council has refused to provide him with information about who the police officers involved were, which means he cannot make a complaint about the officers for acting fraudulently.
2. Mr Y says the matter has cost him financially and emotionally and his vehicle has been damaged.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
6. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y says the Council wrongly towed his vehicle when it issued a Penalty Charge Notice (PCN). The Council has the power to tow a vehicle immediately if it is a vehicle is in contravention of the parking controls. Mr Y had the right to appeal the PCN and the removal of his vehicle if he felt the vehicle should not have been removed.
9. While Mr Y had to pay for the release of the vehicle and the PCN in order to have his vehicle returned to him, this was also appealable. Mr Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN and reinstate his appeal rights. If the TEC accepts Mr Y’s application, it can reinstate Mr Y’s right of appeal against the PCN and removal to the council and then the London Tribunals.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
11. Mr Y has also complained that his vehicle was damaged when it was removed by the Council. Mr Y’s injustice therefore relates to the damage to his property and the costs to repair it. This is a liability claim.
12. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. Mr Y may wish to approach the Council’s insurer if he wishes to make a claim or the courts. We will not investigate this complaint.
13. Mr Y has also complained about the Council’s officers impersonating police officers and committing fraud. These are criminal acts, which the police would need to consider and potentially investigate. We cannot investigate criminal allegations, where the police can so the police are better placed to investigate Mr Y’s complaint.
14. Mr Y has also complained that the Council has refused to provide him with details of the police officers involved in the identification of and towing of his vehicle, who he believes acted fraudulently. The Council has directed Mr Y to request this information from his local police force. If Mr Y is concerned about the Council’s position about releasing data, he should approach the Information Commissioners Office (ICO) who are specially set up for the consideration of complaints of this nature and are free to use. As the ICO was set up for this type of complaint, where we were not, the ICO is better placed to consider the complaint.

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Final decision

15. We will not investigate Mr Y’s complaint because there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman