Summary: Mr X complained about the Council’s enforcement agents’ failure to make a reasonable payment arrangement with him for parking penalties. He also says the Council will not allow him to pay it directly. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X complains that the Council’s enforcement agents pursued him for unpaid penalties at a previous address. He says when they did make contact, they would not allow him to make a reasonable payment arrangement which he could afford. He says the Council would not allow him to make an arrangement with it directly.

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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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

4. Mr X received parking penalties which he says were sent to his old address. He did not receive the Notice to owner for the penalties, so he did not challenge them at appeal. The Council took the penalties to the court at the Traffic Enforcement Centre and obtained a Warrant of Control which was issued to enforcement agents to recover the debt.
5. Mr X says the enforcement agents went to his mother’s home which was his former address and that this led to additional costs. When he made contact with the agents, they would not accept his offer of payment and insisted on their own payment plan. Mr X says he wanted to make an arrangement with the Council directly.
6. The Council told Mr X that it sent the penalty and notices to the address for his vehicle which is registered with the DVLA. He had not notified the DVLA or the Council of when he moved to a different address. The Council’s letters informed him that he could submit an out of time witness statement to the Traffic Enforcement Centre which is the court which issued the Warrants to the bailiffs. It would decide whether or not to re-issue the Notice to Owner and other documents.
7. The Council had no obligation to deal directly with Mr X once the case was passed to enforcement agents. It is for Mr X to update his vehicle address details and to make any payment arrangement with the agents who have warrants to collect the unpaid penalties and costs.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman