Summary: We will not investigate Mr X’s complaint the Council wrongly instructed enforcement agents to collect a parking charge debt owed by the previous occupants of his house. There is not sufficient remaining injustice to warrant an investigation.

The complaint

1. Mr X complains the Council wrongly instructed enforcement agents to collect a parking charge debt owed by the previous occupants of his house. Mr X says he informed the Council of the previous occupant’s new address, but he continues to receive civil enforcement notices for the previous occupants.
2. Mr X also complained about the lack of communication from the Council during the complaints process.

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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. (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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council when he received civil enforcement notices for parking penalty charges which were for the previous occupants of his house. He gave the Council the forwarding address for the previous occupants.
7. The Council explained it is legally required to rely on the Driver and Vehicle Licensing Agency’s (DVLA) registered keeper information for statutory notices issued at the earlier stages of the Penalty Charge Notice process. The Council cannot override or substitute the DVLA’s records with an address supplied by a third party.
8. It is not the Council’s fault the previous owners of Mr X’s property have not updated their registered keeper information with the DVLA. The Council has followed the proper process to chase the debt. If Mr X receives civil enforcement notices for the previous occupants of his property, he needs to return these to sender. He cannot be held liable for debt which is not in his name. There is not sufficient remaining injustice to Mr X to warrant an investigation.
9. I will not investigate the matter of complaint handling as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint the Council wrongly instructed enforcement agents to collect a parking charge debt owed by the previous occupants of his house. There is not sufficient remaining injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman