London Borough of Southwark (19 011 375)

Category : Transport and highways > Parking and other penalties

Decision : Not upheld

Decision date : 10 Jun 2020

The Ombudsman's final decision:

Summary: Miss X complains the Council removed and sold her car in error, causing financial loss and inconvenience. The Ombudsman finds no fault in how the Council took control of and sold Miss X’s car.

The complaint

  1. Miss X complains the Council removed and sold her car in error, causing her financial loss and inconvenience.

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The Ombudsman’s role and powers

  1. 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)
  2. 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)
  3. 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

  1. I spoke to Miss X and I reviewed documents provided by Miss X and the Council. I gave Miss X and the Council the chance to comment on a draft of this decision and I considered the comments provided.

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What I found

The Taking Control of Goods Regulations 2013

  1. If a bailiff clamps a car on a road they must fix a written warning on the car detailing the debt, action taken and providing a phone number for queries.
  2. The bailiff must then leave the car in place for at least two hours before removal.
  3. Once the bailiff has secured the car they must give the debtor a notice of removal of goods setting out details of the debt, the actions taken and how they can recover the car.
  4. The bailiff must allow seven days between the removal of the car and its sale.
  5. Before the seven days between removal and sale are up the bailiff or a qualified independent valuer must value the car.
  6. The bailiff must send a copy of the valuation to the debtor.

Tribunals, Courts and Enforcement Act 2007 Schedule 12

  1. A bailiff may only take control of goods of the debtor, not those belonging to third parties.
  2. When a bailiff takes control of goods on a highway, he must provide a notice for the debtor giving information about what he is doing.E+W If the debtor is present the bailiff must give him the notice. Otherwise the bailiff must deliver the notice to the debtor’s address.
  3. The bailiff must also send the debtor notice of the sale of the goods.
  4. A person can apply to the court claiming that goods taken control of are theirs and not the debtor's.

Vehicle registration

  1. When you buy a car you need to register it with the DVLA.
  2. The seller can register the vehicle to the buyer. If this happens the DVLA will update the vehicle record immediately and send out a new V5C (logbook) to the buyer.

What happened

  1. The Council issued a parking ticket (“PCN”) on a car in March 2018.
  2. The Council has evidenced the DVLA registered keeper of the car, on 26 March 2018, was Mr Z.
  3. Miss X says she purchased the car from a dealer in July 2018, however I have not seen any evidence she registered with the DVLA at that time.
  4. In August 2018 the Council’s bailiffs obtained a warrant to recover the debt outstanding due to the unpaid PCN.
  5. The Council has evidenced its bailiffs contacted the DVLA on 14 August, confirming the registered keeper remained Mr Z.
  6. The Council has evidenced the bailiffs contacted the DVLA again on 2 October, confirming the registered keeper remained Mr Z.
  7. On 25 October the bailiffs clamped and then removed the car. The Council has provided a copy of the warning of immobilisation and notice to debtor, both addressed to Mr Z.
  8. The Council has also provided a copy of the notice of sale issued to Mr Z on 25 October 2018. This warns he needs to pay the outstanding debt by 3 November 2018 or the car would be sold on 5 November 2018. It also values the car at £500.
  9. The Council says neither it nor the bailiffs have records of any telephone contact with Miss X.
  10. The Council says it sold the car on 10 December 2018.
  11. On 15 January Miss X sent a complaint to the Council. This says she contacted it many times regarding the car only to be told she is not the registered keeper. However, the DVLA has now written to her to say a third party is seeking to register as keeper of her car. Miss X says this proves she is the registered keeper.
  12. The Council responded to explain the process undertaken by the bailiffs and the checks made through the DVLA. It also said the bailiffs had told the police they had removed the car. The bailiffs did not hear anything further and so entered the car for sale on 19 November and it sold on 10 December 2018.
  13. Miss X complained again, insisting she was the registered keeper of the car for the entire period and she had reported the theft of her car to the police. She provided a V5 document which says she is the registered keeper and that she acquired the car on 15 July 2018.
  14. In response the Council repeated its position and noted the V5 document was produced by the DVLA on 3 October 2018. Further, the DVLA would record the date she acquired the car as whatever date she said.
  15. In response to enquiries the Council has provided correspondence from the police. A member of police staff says the police hold one report which explains the bailiffs had taken the car due to an unpaid debt and had provided a contact number for any queries. The police confirmed they do not hold any other report.

Findings

  1. Miss X could have applied to the court to claim the car was hers and not Mr Z’s. However, Miss X says she was unaware she could do this. As there is no evidence the Council or bailiffs told Miss X she could apply to the court I consider it is not reasonable to expect her to have done so. I will therefore exercise discretion to investigate.
  2. The Council has evidenced it followed the correct process in taking control of and selling the car.
  3. I would expect the Council to check the ownership of the car at relevant stages, as it did. I cannot find the Council at fault for relying on the information provided by the DVLA that the registered keeper was Mr Z.
  4. While I accept Miss X purchased the car in July 2018 I have not seen any evidence she registered the car with the DVLA until 3 October 2018.
  5. I have not seen any substantive evidence to prove Miss X told the Council or bailiffs that she in fact owned the car, after it was clamped on 25 October and before it was sold on 10 December 2018. If this was shown to be the case, I would likely find the Council at fault for not checking with the DVLA again and informing Miss X of her right to apply to the court to claim ownership.
  6. In her comments on my draft decision Miss X said she was unable to provide evidence of her calls to the Council or bailiffs given the time passed. While I accept Miss X may have difficulty providing evidence, I am also mindful the Council and bailiffs say they did not hear from Miss X until January 2019.
  7. On the evidence available, I cannot say the Council knew Miss X was claiming to own the car until after it sold the car. Any dispute over ownership then became a private matter between Miss X and the new owner.
  8. In light of the above, I find no fault by the Council.

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Final decision

  1. I find no fault by the Council in how it took control of and sold Miss X’s car.

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Investigator's decision on behalf of the Ombudsman

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