Bristol City Council (24 005 417)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 17 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council and its enforcement agents recovering costs for unpaid traffic penalty charges. The complainant is taking legal proceedings against the Council and its agents for the action taken against her.

The complaint

  1. Mrs X complained about the Council issuing two penalty charge notices against a car which she says was stolen from her at a previous address in 2009. She says the penalty documents were sent to her previous address and she was unaware of the penalties until enforcement agents called at her home. She says the agent involved made threats to her and she made a formal complaint.

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The Ombudsman’s role and powers

  1. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

  1. I considered the information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X says she was visited by an enforcement agent acting on behalf of the Council to recover unpaid traffic penalty notices. She says the car involved was stolen from her previous address in 2009 and that she was not responsible for the penalties.
  2. She says the enforcement agent was intimidating and threatened her with seizure and auction of her goods if the charges were not paid. She says this caused her and her daughter stress and that she later suffered a mental breakdown. She complained to the Council and the enforcement agents about this and says that she has commenced legal proceedings against both bodies.
  3. We cannot investigate complaints about matters which are subject to legal proceedings.

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Final decision

  1. We will not investigate this complaint about the Council and its enforcement agents recovering costs for unpaid traffic penalty charges. The complainant is taking legal proceedings against the Council and its agents for the action taken against her.

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Investigator's decision on behalf of the Ombudsman

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