Summary: Mr X complains the Council failed to make reasonable adjustments when he tried to challenge a penalty charge notice (PCN) it issued to him for a parking contravention. Mr X says he was not able to challenge the PCN as a result of this. Mr X says the Council sent enforcement agents to his home to recover the money he owed. He says he asked the enforcement agents to make reasonable adjustments but they refused and he had to pay a significant amount of money to prevent his car from being taken away.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council has agreed to take the following action.

• Pay Mr X £750 to acknowledge the distress caused and time and trouble he has been put to pursuing his complaint. This takes account of the fact Mr X had to deal with enforcement agents and the prospect of losing his car as well as his difficulties communicating with the Council.
• A senior officer should telephone Mr X to apologise for the Council’s failure to make reasonable adjustments for him when challenging the PCNs.
• Arrange relevant training on the Equality Act 2010 for customer service staff and appeals officers in its parking department. Although the Council has reminded staff of the need to provide reasonable adjustments and what adjustments are available this has not prevented mistakes being repeated. Therefore, a deeper understanding of the relevant legislation is needed.
• Review its systems and procedures to ensure any reasonable adjustments are agreed with customers and properly recorded.
• Review its systems and procedures to ensure customers records are routinely checked for records of reasonable adjustments whenever contact is initiated by either the Council or the customer.
• Review the wording of PCNs to ensure they comply with the Equality Act 2010 and provide details of how to request reasonable adjustments and make contact other than in writing.
• Review information on the Council’s website and any other literature regarding challenging PCNs to ensure information given complies with the Equality Act 2010
• Review hand over arrangements with its enforcement agents to ensure details of any agreed reasonable adjustments are passed over and that its enforcement agents are aware of the need to make reasonable adjustments.

Ombudsman satisfied with Council's response: 28 November 2019.

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