Summary: We will not investigate this complaint about the removal of Mrs X’s car by the Council. Mrs X had a statutory appeal right which it was reasonable for her use. In addition, there is not enough evidence of fault in the Council’s interactions with her to justify an investigation.

The complaint

1. Mrs X complains the Council removed her car from a disabled parking bay even though she says she was displaying a blue badge.
2. Mrs X says this caused her distress. She says she is disabled and cannot collect her car from storage or pay the costs she owes.

Back to top

The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council removed Mrs X’s car from a disabled parking bay and issued a penalty charge notice (PCN). When she complained, the Council emailed and asked for her car registration number and PCN number. Despite emailing and phoning several times, Mrs X did not respond. The Council therefore did not uphold her complaint and said she should make a statutory appeal against the PCN.
7. Mrs X asked for her complaint to be escalated to the final stage of the complaints process. In response, a Council officer spoke to her and explained her car had been removed because it had no tax or MOT. Mrs X said she was elderly, disabled and away for a month for health reasons. The officer said the Council would only charge her for the towing fee and one day’s storage which came to £240. The officer followed this up in writing and again advised her to appeal if she was unhappy with the reasons the Council issued a PCN.
8. We will not investigate this complaint. The Council issued Mrs X with a PCN, explained the reasons why and advised her of her appeal rights. When Mrs X did not appeal and explained her circumstances, the Council made a discretionary decision and allowed her to pay significantly less than it could have charged her. There is no evidence of fault and a further investigation by the Ombudsman would achieve nothing more.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman