The Ombudsman's final decision
Summary: We will not investigate this complaint that Ms X’s vehicle was towed away without proper notice as it is reasonable to expect the complainant to appeal to London Tribunals.
The complaint
Ms X complains her car was towed away without proper notice when she was issued with a penalty charge notice for parking in a suspended bay. Ms X also complains the Council repeatedly failed to respond to her complaint about this matter. Ms X says having her vehicle towed disrupted her life and cost her a day’s earnings. Ms X wants a refund of the fees she paid and compensation for lost earnings.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) 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 causing an injustice to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal mechanism by which Ms X can have her case against her vehicle being towed heard. Ms X has the right to appeal to an independent body called London Tribunals. We are not empowered to hear appeals about PCNs and the associated removal of vehicles. London Tribunals is also able to consider a claim for costs from Ms X.
I recognise Ms X has experienced further frustration as she feels the Council failed to properly respond to her complaint, but we will not investigate this as a separate matter, as this does not cause Ms X a separate level of injustice that would justify our further involvement. The Council has provided a response to Ms X’s challenge to the PCN/removal and explained about her appeal rights.
For these reasons, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman