Summary: There was no fault in the Council’s correspondence with Mr X over a parking ticket. The enforcement agents did wrongly tell Mr X’s mother that the matter could be put on hold, but this was quickly corrected and the refund of enforcement fees remedied the injustice before the Ombudsman considered the complaint. This complaint is upheld.

The complaint

1. The complainant, who I shall call Mr X, complains about the recovery of a debt from a parking ticket.
2. Mr X complains the Council did not contact him before referring a debt from an unpaid parking ticket to the enforcement agents.
3. Mr X also complains the enforcement agents did not contact Mr X before clamping his van and they did not take into account that Mr X’s van was on finance or that he was vulnerable when they refused to remove the clamp on the car.

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What I have investigated

4. I have investigated events after the Council issued the parking ticket. The final section of this statement contains my reasons for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

5. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
7. If we are satisfied with an organisation’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

8. I read the papers put in by Mr X and discussed the complaint with him.
9. I considered the Council’s comments about the complaint and any supporting documents it provided.
10. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

11. Mr X received a parking ticket (£30) in October 2020. As Mr X did not pay the ticket, the Council posted a notice to owner to him at his address in November 2020 and a charge certificate in December 2020. The amount payable was now £105.
12. A notice of recovery was sent to Mr X in September 2021 when the debt of £113 was referred to the bailiffs. There was a delay because of COVID-19. Mr X did not pay the debt, he has said he did not receive any letters.
13. The bailiffs clamped Mr X’s van on 26 January 2022. The total owed by him was £423. (Council charge £133, compliance charge £75 and Enforcement fee £235.)

My analysis

14. Mr X complains the Council did not contact him before referring a debt from an unpaid parking ticket to the enforcement agents. I do not find fault on this point. I have seen a photograph of the parking ticket on the van and the November 2021 notice of enforcement from the bailiffs. I have also seen the Council’s computer records that show another three letters were sent to Mr X at the address the vehicle was registered to.
15. Mr X complains the enforcement agents did not contact him before clamping his van. I do not find fault on this point. I have seen a copy of the November 2021 notice of enforcement from the bailiffs.
16. Mr X also complains the enforcement agents did not consider that his van was on finance or that he was vulnerable when they refused to remove the clamp on the car.
17. The enforcement agency has recordings of three telephone conversations with Mr X’s mother. I have listened to these. I can hear, as the agent noted, that Mr X’s mother was upset on the call but she did not mention that Mr X was in a category that would be classed as vulnerable under the enforcement agents policy, such as terminally ill or suffering from mental illness. I have not reviewed the body cam footage from the enforcement agent, but the Council has and has said that Mr X did not advise the enforcement agent he was vulnerable. So, I can find no fault on this point.
18. On the telephone call, Mr X’s mother told the enforcement agents the van was on finance. The agent correctly told her that this did not stop the van being clamped, but would mean the enforcement agency would need to speak with the finance company to discuss selling the van to pay the debt before seizing it. So, I can find no fault on this point.
19. The enforcement agents did mistakenly say it would place the account on hold for two weeks. This was quickly corrected on the next telephone call. As a goodwill gesture, the enforcement agency and the Council have removed the enforcement fee of £235. Although there was fault by the agent on this point, it was quickly corrected and the remedy already carried out by the enforcement agent of reducing the debt by £235 is a larger remedy than the Ombudsman would be likely to recommend. I can find no fault in the rest of the process which would warrant a remedy of the refund of the rest of the charge, as Mr X would like.

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Final decision

20. I have completed my investigation of this complaint. This complaint is upheld, as there was fault which caused injustice. The remedy already offered by the Council is a satisfactory remedy of the complaint.

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Parts of the complaint that I did not investigate

21. I have not investigated Mr X’s complaint about how the original parking ticket was issued. This is because Mr X put in a late appeal and so the matter is outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman