Summary: We will not investigate this complaint about the actions of an enforcement agency acting on behalf of the Authority. There is no worthwhile outcome achievable by us investigating and for part of the complaint, Mr X’s claimed injustice is not significant enough to warrant our involvement.

The complaint

1. Mr X complained about an enforcement agency (EA) acting on behalf of the Authority. Mr X complained it:
1. seized a vehicle he did not own;
2. charged him excessively high fees; and
3. did not tell him it changed the date of sale for the seized vehicle and sold it for less than it was worth.
2. Mr X said the issues caused him distress and a significant financial loss.

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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:

• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

6. The EA were acting on behalf of the Authority, in pursuing unpaid penalty charges.
7. Mr X complained the EA seized a vehicle which he had already sold. Mr X said he told the EA about this before it seized the vehicle.
8. Mr X also complained the EA sold the vehicle later than it advised it would, without telling him about this. He also said it sold the vehicle for a less than it was worth and charged him excessively high fees.
9. Mr X seeks financial compensation as an outcome to his complaint. Mr X said the compensation should total more than £10,000.
10. We cannot tell a Council to award somebody compensation. In cases where we do investigate, we can only look at the potential of symbolic, restorative payments if we see it necessary, to put a person back in the position they would have been if fault had not occurred.
11. I do not see there would be any other worthwhile outcome achievable by us investigating this complaint.
12. Additionally, Mr X claims he suffered injustice by the EA taking seizing a vehicle he had already sold and selling it for less than its value. I consider any injustice here would be incurred by the new owner of the vehicle and they should pursue the matter through appropriate channels if they wish to.
13. Finally, I am not satisfied Mr X suffered a significant enough injustice which would warrant our involvement, by the EA not telling him about changing the date it sold his vehicle.
14. For these reasons, we will not investigate this complaint.

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Final decision

15. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by us investigating and for part of the complaint, Mr X’s claimed injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman