The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council removing his van and penalty charge notices given whilst the van was parked on a public highway prior to this. Investigation is unlikely to establish the Council removed Mr X’s van and he has or had the right to appeal to a tribunal against any penalty charge notices which it would be reasonable to expect him to use.
The complaint
Mr X complains the Council removed his van from the public highway whilst it was parked for a few weeks and awaiting repairs to be carried out. He says this has cost him lost income, the loss of his van and goods which were inside the van.
Mr X further complains he was given 16 penalty charge notices (PCNs) as the Council had initiated a pay zone parking scheme during the time the van was parked and awaiting repair. He says the signage was placed there after he parked.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X parked his van on the public highway sometime during November 2020. Records available online show the MOT for the vehicle having expired mid-October 2020 and a search of the DVLA website shows the vehicle as now no longer in existence.
The Council confirms it has no knowledge of the removal of the vehicle and therefore takes no responsibility but confirms there are a number of outstanding PCNs relating to the time the van was parked up. The Council suggests Mr X contact the DVLA or the Police regarding the removal of the van.
Mr X believes that the number of outstanding PCNs may have been reduced as he has since had a demand from enforcement agents for £300.
Mr X has or had the right of appeal against the PCNs to the Traffic Penalty Tribunal (TPT) which is a statutory tribunal and costs nothing.
Final decision
We will not investigate Mr X’s complaint because investigation is unlikely to find the Council removed his vehicle. In relation to any PCNs, Mr X has or had the right to appeal against them to the TPT and it would be reasonable to expect him to exercise this right.
Investigator's decision on behalf of the Ombudsman