Summary: Mrs X complained about the conduct of an enforcement agent acting on behalf of the Council. We do not find fault with the enforcement agent’s conduct.

The complaint

1. Mrs X complained about the conduct of an enforcement agent acting on behalf of the Council. She says the enforcement agent entered her house without her consent and without presenting a warrant or notice. She says the agent refused to leave if she did not pay the debt in full.
2. Mrs X says the matter has caused significant distress and upset.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant guidance

8. If a motorist breaks parking rules, they might receive a fine. This fine is called a Penalty Charge Notice (PCN).
9. The authority can issue a charge certificate which increases the fine by 50% if:

• the fine is not paid;
• the motorist does not appeal against the fine; or
• an appeal is not successful.

10. If the fine is still not paid, the authority can register the debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. It can then ask enforcement agents to collect payment for the fine and agent’s costs.

Enforcement agents- fees

11. Regulations set out how much an enforcement agent can charge when recovering debt and the three stages they must follow.

• The Compliance Stage – an enforcement agent must issue a notice of enforcement. The fee for this stage is £75.
• The Enforcement Stage – this stage starts once an enforcement agent has made a first visit. This must be at least seven days after sending the notice of enforcement. At this visit the agent can take control of goods. The fee for this stage is £235. If the outstanding debts are more than £1,500, the agent can charge a further 7.5% of the amount outstanding over £1,500.
• The Sale or Disposal Stage – this stage starts once an enforcement agent has taken control of the goods. They must allow seven ays between removing the goods and selling them. In this time an agent must value the goods and send a copy of the valuation to the debtor. The fee for this stage is £110.
  (Taking Control of Goods [Fees] Regulations 2014

Vulnerable debtors

12. Agents can recover their fees from the person who owes the council money.
13. An enforcement agent may not take control of goods, make a controlled goods arrangement, or re-enter premises if the debtor is a child or the only person on the premises is a child or vulnerable person.
14. The law does not set out what a vulnerable person is. National Standards explain what councils and enforcement agents must do.
15. If an agent identifies someone who owes money is vulnerable, they should tell the council and make sure they act lawfully. Agents should be aware that someone may be vulnerable but that this may not be immediately obvious. (Taking Control of Goods: National Standards and Enforcement Conduct Board standards)

The enforcement agent company’s policy on vulnerability

16. The enforcement agent company that acts on the Council’s behalf has a policy on vulnerability. The policy details individuals who will be considered potentially vulnerable. This includes people who have difficulty communicating or those facing severe financial difficulty.
17. However, the list is not exhaustive, and agents should use their judgement in referring cases to the welfare team when they encounter indicators which raise concerns regarding an individual.

The enforcement conduct board’s professional values and standards of practice for enforcement agents

18. The enforcement conduct board expects enforcement agents to uphold its professional values and adhere to its standards of practice.
19. The standards of practice says the enforcement agent must only enter a residential property if they have a reasonable belief the person subject to enforcement lives there, and the agent is authorised to enter the property to enforce a debt. The agent should not use force to enter property.
20. An enforcement agent must not coerce a third party into paying a debt. However, it is acceptable for an agent to state to the person subject to the enforcement the consequence of non-payment and to ask them if there is anyone who can help them pay their debt.

What happened

21. The Council issued Mrs X’s husband, Mr X, with a PCN for a parking contravention in December 2024. Mr X did not the pay the PCN.
22. The Council issued Mr X with a charge certificate in February 2025. This increased the fine. Mr X did not pay.
23. The Council sent a letter to Mr X in March and said he had failed to respond to its correspondence. It said if he failed to pay it would result in enforcement agent fees.
24. As Mr X continued not to pay, the Council registered the debt with the TEC. The TEC issued a warrant of control. This authorises an enforcement agent to visit a debtor’s property.
25. The Council instructed an enforcement agent company (Company A) to enforce the debt.
26. Company A sent a notice of enforcement to Mr X in mid-May. Company A also sent emails to Mr X asking for contact.
27. An enforcement agent (the agent) went to Mr X’s home address in June. Mr X was not there. Mrs X and her young child was present for the visit. Mrs X’s mother was also present.
28. The agent spoke to Mr X several times on the phone, but he refused to pay. The agent told Mr X he would need to remove some goods in the house if he did not pay.
29. After further discussions, and a phone call with the police, Mrs X’s mother paid the debt. The agent asked Mrs X’s mother if she understood she was paying on Mr X’s behalf. She confirmed she did.
30. Mrs X complained to the Council about the conduct of the agent. She said the agent entered her house without her consent and without presenting a warrant. She said her mother, who has Alzheimer’s disease, had to pay the balance in full. She also said her young child was present for the visit.
31. The Council responded to Mrs X and told her to contact Company A.
32. Mr X’s MP contacted Company A about the issues. Company A responded. It said the agent spoke to Mr X on the phone, but he refused to pay. The agent then made peaceful entry into the house via an unlocked door. When he was inside, he produced the warrant of control.
33. Company A also said enforcement agents are only required to withdraw where the only person present is a child or a clearly vulnerable person. However, as Mrs X was present, the agent was lawfully allowed to remain. Finally, Company A said Mrs X told the police in a phone call her mother had Alzheimer’s. No other vulnerabilities were mentioned. Mr X failed to tell Company A of any vulnerabilities before the agent visited.

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Analysis

34. Mrs X says the agent should not have entered her house as she did not provide consent.
35. I have watched the video footage of the agent’s visit. At the beginning of the video, the agent knocked on the door. He did not receive a response and so he went to the back garden and spoke to Mrs X over the garden fence. He later spoke to Mr X on the phone. However, Mr X refused to pay. The agent then entered Mrs X’s house via an unlocked door. Enforcement agents are authorised to make peaceful entry through any open or unlocked door if they have a warrant of control and they have a reasonable belief the person subject to the enforcement lives there. That is what happened in this case. I do not find fault.
36. Mrs X asked the agent for paperwork and later asked for the court order. The agent asked Mr X on the phone if he was happy for Mrs X to see the warrant of control. Mr X told the agent to show the warrant of control to the camera in the house. The agent followed Mr X’s instructions.
37. Mrs X says the warrant of control should have been signed by a judge. However, warrants are now electronic, and signed warrants are no longer used.
38. Mrs X says the agent should have left as Mr X, the debtor, was not at home. As I have mentioned in paragraph 35 above, the agent had the authority to enter the house. I do not find fault.
39. The agent was not aware of anyone with a vulnerability in the house before they visited. When the agent spoke to Mr X on the phone, he did not say he was vulnerable. Mrs X did not say she was vulnerable during the visit either. The agent became aware Mrs X’s mother had Alzheimer’s during the visit. Mrs X’s child was also in the house. However, the agent decided to proceed because Mrs X was present. This is line with the regulations which states an enforcement agent may not re-enter premises if the debtor is a child or the only person on the premises is a child or vulnerable person. I do not find fault.

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Decision

40. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman