Summary: We will not investigate this complaint about a faulty Traffic Regulation Order and a Penalty Charge Notice the Council issued which resulted in bailiff action. This is because the Council has offered a fair remedy.

The complaint

1. The complainant, Ms X, complains the Council removed her car even though she had not done anything wrong. Ms X wants £2000 in compensation due to the stress she experienced.

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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 provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code and guidance on remedies.

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My assessment

4. Ms X was abroad when she got a call to say her car was being removed by bailiffs. This was very stressful for Ms X and she spent a lot of time trying to resolve the problem.
5. The Council had issued a Penalty Charge Notice (PCN) which Ms X had not paid and it led to the involvement of bailiffs and the removal of her car.
6. The Council later found out that the PCN was issued for a breach of a Traffic Regulation Order (TRO) which it now knows contained an error and is not enforceable. The Council cancelled the PCN, issued a refund, and awarded £75.
7. Ms X says £75 does not adequately reflect the stress she was caused or recognise she was trying to resolve this from abroad.
8. The Council has now offered to increase the financial payment to £500.
9. I will not start an investigation because the Council has offered a satisfactory remedy. It cancelled the PCN, refunded the costs and will make a symbolic payment of £500 (which includes the £75). The payment reflects the additional stress and upset caused by the erroneous bailiff action and is consistent with the amount we recommend when there has been fault leading to inappropriate bailiff action. We assess every complaint on its own merits and, in this case, a higher payment is warranted due to the bailiff involvement.

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Final decision

10. We will not investigate this complaint because the Council has offered a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman