Summary: We will not investigate this complaint about enforcement agents clamping a vehicle the person says was displaying a Blue Badge. Further investigation would not lead to a different outcome as there is nothing more we could achieve.

The complaint

1. Ms X complains her vehicle was wrongly clamped as a Blue Badge was displayed. She says the enforcement agent’s conduct was unprofessional for saying the Blue badge was under investigation. She says she incurred financial costs and distress as a result and believes the matter was not resolved adequately.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Miss X was issued a Penalty Charge Notice (PCN) for wrongly parking with a Blue Badge without paying the car park fee. The Council says it sent all statutory notices to the vehicle’s registered keeper’s address but Miss X did not respond. The debt was passed to an enforcement agency that clamped Miss X’s vehicle. Miss X says a Blue Badge was displayed when the vehicle was clamped. She evidenced the costs she incurred while her vehicle was out of use. The Council investigated whether a Blue Badge was displayed and found the evidence to be inconclusive. It offered £300 to cover the costs Miss X incurred and cancelled the original PCN. So, there is nothing more we could achieve for her.
6. Miss X complains about the enforcement agent’s conduct. The Council says the enforcement agent is no longer employed by the agency so it is unable to obtain a witness statement and investigate further. We will not investigate this point as we could not add to any previous investigation or response by the Council.

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Final decision

7. We will not investigate Miss X’s complaint because we could not add to any previous investigation and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman