Summary: We will not investigate this complaint about the actions of enforcement agents acting on behalf of the Council. Mr X has used his court appeal right, there is not enough evidence of fault in how fees were applied to justify us investigating and we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X, represented by Mrs Y, said he received a Penalty Charge Notice for a moving traffic violation, but did not become aware of this until much later as he had moved addresses.
2. Mrs Y said the enforcement agent wrongly applied fees which meant they had to borrow money to clear the debt.
3. Mrs Y wants the enforcement fees reduced, disciplinary action to be taken against the individual enforcement agent and to be offered a personal apology from him.

Back to top

The Ombudsman’s role and powers

4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

6. I considered information provided by Mrs Y.
7. I considered the Ombudsman’s Assessment Code.
8. I considered the Taking Control of Goods (Fees) Regulations 2014.
9. I considered the Certification of Enforcement Agents Regulations 2014.

Back to top

My assessment

10. Mr X received a Penalty Charge Notice for a moving traffic violation. Around this time, Mr X and Mrs Y changed addresses.
11. Mr X did not become aware of the Penalty Charge Notice until some time later, when he received a warrant of execution from the enforcement agent acting for the Council.
12. Mr X then followed advice from the enforcement agent to file an out of time declaration to the court which was unsuccessful.
13. We cannot investigate this part of Mr X’s complaint. The law prevents us from investigating a complaint where someone has sought a remedy from the court.
14. Mrs Y said the enforcement agent applied a further fee after he visited her home a week after the court rejected Mr X’s out of time declaration.
15. Fees that enforcement agents can apply are clear in law. Fees applied at the compliance and enforcement stages appear to be lawful based on the events Mrs Y has described.
16. We will not investigate this part of Mr X’s complaint. There is not enough evidence of fault to justify us investigating how the enforcement agent applied fees.
17. We cannot achieve the outcomes Mrs Y seeks from complaining. We cannot instruct that the Council take disciplinary action against the enforcement officer, nor can we instruct the enforcement agent to apologise.

Back to top

Final decision

18. We will not investigate Mr X’s complaint because he has used his court appeal right, there is not enough evidence of fault to justify us investigating and we cannot achieve the outcomes that Mrs Y seeks.

Back to top

Investigator's decision on behalf of the Ombudsman