Summary: We will not exercise discretion to investigate this complaint about enforcement agents removing Mr X’s van in 2020 following non-payment of penalty charge notices and costs. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s enforcement agents removing his van in 2020. He says he was unaware of the issue of penalties in 2019 and had no contact from agents until his vehicle was removed in 2020.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a @council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X received penalty notices in 2019 which he says he did not receive because he was away from home at the time. the Council issued the correspondence to the address provided by the DVLA as it is required to do. When no payment was received the Council obtained a warrant from the Traffic Enforcement Centre in December 2019.
6. The Council’s enforcement agents received no contact from Mr X and in December, following a Council check that no court declarations had been submitted, they removed Mr X’s van to storage. Mr X subsequently complained to the Council and submitted an out of time statutory declaration to the Traffic Enforcement Centre, which is a County Court. The court rejected his submission the Council advised him in March 2021 to liaise with the agents to release his van.
7. Mr X did not complain to us about the matter until July 2022, which is outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about enforcement agents removing Mr X’s van in 2020 following non-payment of penalty charge notices and costs. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman