The debtor has a Blue Badge. He considers that he is vulnerable and should not need to provide any evidence. He says the council has to prove that he is not vulnerable. He believes the warrant to be invalid.
This Ombudsman's decision is an important one. If a local authority are satisfied that a debtor is considered vulnerable, they can use their discretion as to whether or not they will recall the debt from the bailiff.
Can Enforcement Agent fees be charged to a vulnerable person.......Can an Enforcement Agent decide vulnerability.......Can a Local Authority deduct bailiff fees from direct payments.......Should a Local Authority recall accounts in cases of vulnerability
This decision relates to a motorist paying the council direct (minus the bailiff fees) after receiving correspondence from a firm of bailiffs. As she had not paid the bailiff fees, the Ombudsman stated that her payment was merely a part payment.
This Ombudsman's decision concerns the subject of Vulnerability and Mental Health. The Ombudsman confirms that if a person considers that they are vulnerable, they need to provide evidence in support.
The Local Government Ombudsman stated in this decision that a single parent would need to provide evidence to show how her ‘vulnerability’ affects her ability to pay or deal with the debt.