Summary: Ms X complained about miscommunication by the Council’s contractor when her car was removed and placed in a compound. The misinformation caused delay as a result of which the storage costs increased and Ms X was no longer able to pay the release fee. The vehicle was destroyed by the contractor against the Council’s instructions and without a final warning being sent to Ms X. We found the Council was at fault. To remedy the injustice caused it has agreed to apologise to Ms X and make a payment to her.

The complaint

1. Ms X's car was removed by the Council's contractor because she had more than three unpaid PCN’s. She says the contractor did not communicate properly with her when she tried to make a payment and collect the vehicle and told her to contact the Council to arrange collection. This information was incorrect and caused delay. As a result, the storage costs increased and Ms X was no longer able to make the necessary payment to release the vehicle. She says she was passed back and forth between the contractor and the Council. Ultimately, the vehicle was destroyed by the contractors against the Council's instructions and without a final warning being issued to Ms X. She lost her vehicle and personal belongings which were inside.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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. 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 34H(i), as amended)

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How I considered this complaint

5. I have considered the information provided by Ms X, made enquiries of the Council and considered its comments and the documents it provided.
6. Ms 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

Legal and administrative background

7. The government has issued statutory guidance for local authorities in England on civil enforcement of parking contraventions.
8. The guidance states that a vehicle owner can be classed as a ‘persistent evader’ if there are three or more outstanding PCNs. It states that where a vehicle owner is confirmed as a persistent evader, their vehicle should be subject to the strongest possible enforcement following the issue of a PCN and can be immobilised or removed.
9. The guidance states that the vehicle cannot be released until the owner has provided proof of ownership and a registered address together with payment of the PCN and release fee. After payment is made, the owner can make representations against the removal of the vehicle.

Key facts

10. On Monday 4 September 2023 Ms X was issued with a penalty charge notice (PCN) for parking her vehicle on the pavement. Officers identified that warrants had been issued in respect of three previous outstanding PCNs so the vehicle was removed and taken to a compound operated by Company A.
11. Ms X contacted the police and was directed to TRACE (the towed vehicle tracing service operated by London councils) to locate the vehicle. She discovered it had been taken to the compound.
12. On Thursday 7 September Ms X and her partner attended the compound. She says they were given incorrect information by a member of staff who assumed the vehicle was there because it was not taxed and told them they could collect it the following day.
13. On 8 September Ms X and her partner visited the compound again. A member of staff told them they had to contact the Council before the vehicle could be released as there were outstanding PCNs to pay.
14. On Monday 11 September Ms X sent the required documents to the Council by email. An officer telephoned and explained that, to secure the release of her vehicle, Ms X needed to pay £65 for the PCN, a £200 removal fee and seven days’ storage at £40 per day totalling £280. Ms X said she could not afford to pay this amount. The officer explained the procedure which could be followed at the compound to allow her to surrender the vehicle and remove her personal belongings from it.
15. On 12 September Ms X sent an email to the Council saying she would like to surrender the vehicle as she could not afford to make the payment. She asked what the next steps would be. She also asked the Council to inform Company A that she wished to collect her personal belongings. The officer explained Ms X would need to complete a surrender form at the compound. He telephoned Company A to explain that Ms X intended to surrender the vehicle and retrieve her personal belongings.
16. Ms X says she telephoned Company A on 15 September and explained what the member of staff had told her at her visit to the compound. She says the member of staff taking the call accused her of lying and hung up the phone.
17. On 18 September Ms X sent an email to the Council complaining about the misinformation provided by Company A and its failure to communicate with her by hanging up the phone. She said she had also complained to Company A and was awaiting a response. She asked how to appeal the removal of the vehicle.
18. On 20 September 2023 the Council sent Ms X a Notice of Disposal. This advised that if she did not contact the Council within five days, the vehicle would be destroyed or sold.
19. On 27 September Ms X made a further complaint to the Council. She also advised that she intended to retrieve the vehicle.
20. The Council issued a stage 2 response on 19 October.
21. Ms X complained to the Council again on 27 October.
22. On 13 November Ms X sent an email to the Council requesting that the Notice of Disposal be put on hold until she received a response to her complaint. The Council placed the matter on hold as requested.
23. Ms X contacted the Council again on 20 November.
24. The Council responded to Ms X’s complaint on 27 November.
25. On 5 December the Council issued a further Notice of Disposal.
26. On 11 December the Council instructed Company A to keep the case on hold.
27. Company A later destroyed the vehicle without further notice to Ms X or the Council.

Analysis

Miscommunication

28. Ms X says that, because of incorrect information given by Company A, she had to make two unsuccessful visits to the compound. She also says Company A and the Council delayed in responding to her queries and, as a result, the storage fees increased and she could no longer afford to pay the amount required to release the vehicle.
29. The Council accepts that, on Ms X’s first visit to the compound, officers assumed the vehicle was there because it was not taxed and said she could come back the following day to collect it. But, when she returned the next day, she was unable to collect the vehicle because she had not provided the Council with the necessary documents and paid the PCN and vehicle release fees.
30. Company A was at fault in providing Ms X with incorrect information. This caused confusion and delay. However, Ms X contributed to the delay by failing to follow the correct process at the outset. She was directed to the Trace Service when her vehicle was removed. This website contains links explaining how to obtain the release of the vehicle. The procedure is that the owner of the vehicle must provide the Council with certain documents and pay the PCN and any fees before the Council will instruct the compound to release the vehicle.
31. The Council’s website also explains what to do if your vehicle has been towed away. It says the vehicle owner must produce various documents to the Council by email and provide a telephone number for an officer to contact them to take payment for the vehicle release fee and the PCN. The website states that the vehicle owner should not attend the compound until these steps have been completed and they have been advised that they may collect their vehicle. It also states that the vehicle owner is entitled to appeal against the PCN and the removal of the vehicle immediately after paying PCN and release fees. There is a link on the website to appeal the PCN and removal.
32. Although Ms X was given incorrect information at the outset by Company A, she did have access to information explaining what procedure she should follow and did not follow this. I cannot therefore conclude that the misinformation prevented her from collecting her vehicle. She did not provide the necessary documents and payment to the Council until 11 September, a week after the vehicle was removed.
33. I find the Council was at fault in failing to respond to Ms X’s email of 18 September 2023 in which she asked how to appeal the removal of the vehicle. The Council accepts that an officer should have sent Ms X a link to appeal the removal in response to her email. The officer should have explained how the removal process worked and explained that Ms X was required to pay the PCN and other fees before the removal could be challenged. The Council’s failure to respond to Ms X’s email caused her uncertainty and frustration.

Destruction of the vehicle

34. The Council agreed to put the disposal of the vehicle on hold pending the outcome of Ms X’s complaint. It says that, when the complaint response was issued on 27 November, the case should have been taken off hold and instructions for disposal of the vehicle should have been issued. However, the case remained on hold in error. Despite this Company A destroyed the vehicle without further notice to the Council or Ms X. This was contrary to operating procedure and was fault. In addition, no destruction certificate was issued by Company A as required by law. This was further fault.
35. Given that the disposal had been placed on hold at Ms X’s request, I find she should have been given a further notice of disposal and provided with a final opportunity to remove her belongings from the vehicle before it was destroyed. The Council accepts this and has offered to reimburse Ms X for the value of the items if she provides details and proof of purchase. While this goes some way towards remedying the injustice caused, I have made further recommendations below.

Company A’s response to Ms X’s complaint

36. Ms X complained to Company A in September 2023. It failed to respond.
37. At stage 2 of the complaints process, the Council asked Company A to respond to Ms X and provide details about how to make a claim on their liability insurance. Company A failed to do so. The Council says it again asked Company A to respond to Ms X in March 2024 as she had not received an apology for any confusion caused nor had she been provided with the information she needed to progress a claim against Company A’s insurance. Company A has informed the Council that it does not intend to issue an apology to Ms X and does not accept liability.
38. The Council’s contract with Company A requires it to respond to all complaints within 10 working days. Failure to do so was fault and caused Ms X uncertainty and frustration. She was also denied the opportunity to make a claim against Company A’s insurance for the loss of her belongings. However, the Council has remedied this injustice by offering to reimburse Ms X for the value of the items if she provides evidence.

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Agreed action

39. When a council commissions or arranges for another organisation to provide services we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions. Where we find fault with the actions of the service provider, we can make recommendations to the council alone. Here we have found fault with the actions of the organisation and make the following recommendations to the Council.
40. The Council has agreed that it will send a written apology to Ms X for:
• the incorrect information provided by Company A on her first visit to the compound;
• failing to respond to her email of 18 September;
• failing to give her a final opportunity to remove her belongings from the vehicle before it was destroyed; and
• Company A’s failure to respond to her complaint.
41. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
42. The Council has also agreed to pay Ms X £150 in recognition of the injustice caused by the above failings.
43. The Council will also issue a reminder to Company A that it is required to respond to complaints in accordance with its complaints procedure.
44. The Council should complete the recommended actions within one month of the Ombudsman’s final decision and provide us with evidence that it has done so.

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Final decision

45. I find fault causing injustice.
46. I have completed my investigation on the basis that the Council has agreed to implement the recommended remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman