Mr Sawyer
Request - 17268 - [email address]
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Customer Relations Westminster Parking Services
Asst Director of Parking: Kevin Goad
This matter is being dealt with by: Gordon Deas
Date: 28 September 9 Tel No: (020) 7641 1743 Fax no: (020) 7641 1744 Email:[email address] My ref: FOI/ 4278a |
Dear Mr Sawyer, |
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Freedom of Information (FOI) Act 2000: Request for information
Thank you for your follow up e-mail dated 1 September 2008 in relation to FOI request 4278. The content of which was as follows:
“Thanks for your response. From it, can I take it that Westminster has no interest in how legal (or otherwise) its contractors are when providing services to its residents and visitors?
Can you please approach NSL Services Ltd and ask if they have any such vehicles, which allow legally leaving them with the engine running. Could you also ask them if the above stated vehicle has such a system?
Were there any contractual agreements with NSL Services Ltd with regard to breaking the Law and what would the repercussions be if NSL Services Ltd were to break the law?”
Lastly:
Could you advise on any of the Westminster fleet, either owned by Westminster or contractors working for the council, have 'Run-Lock' systems allowing the drivers to legally vacate the car while the engine is running?
Other than street cleansing vehicles, does Westminster use any vehicles that can be legally vacated whilst the engine can be left running, if there are can you identify them please?"
Has not been answered, could you please supply an answer those
Questions”?
In response to your request, I can advise you of the following:
The following response is directly from NSL Services Ltd:
“NSL does not use run lock on vehicles deployed for Westminster. All NSL CCTV Cars Staff are instructed that a vehicle must never be left unattended with the engine running.”
Concerning your questions on the Westminster Fleet, please refer to my previous response dated 1 September 2008. I reiterate that Westminster City Council do not have any run lock systems fitted to vehicles owned or operated by WCC.
I am unable to provide information concerning whether other contractual vehicles have this system installed, as this information is not held by the City Council for the purposes of Section 1 (4) of the FOI Act 2000.
Concerning your additional question: “Were there any contractual agreements with NSL Services Ltd with regard to breaking the Law and what would the repercussions be if NSL Services Ltd were to break the law?” I can advise as follows:
All employees of NSL Services Ltd are required to comply the Road Traffic Act, including all relevant legislation referred to in the Highway Code, while in charge of a vehicle. It is, therefore, the employee, not the company, who is held accountable for their actions.
Westminster City Council (WCC) can and do deal with any area of non-compliance by our contractor using the remedial and default processes within the enforcement contract.
Throughout the contract period, the contractor shall perform the services to the contract ctandard, which shall mean that the contractor shall carry out the services in accordance with a list of articles, two of which are:
15.1.4 - all `Legislation' relevant to the performance of the services;
15.1.5 - a manner, which does not prejudice the reputation and interests of the City Council;
`Legislation' refers to all relevant Acts of Parliament and statutory regulations, instruments or orders, guidance, codes of practice, by-laws and directives and all applicable European Community Legislation, which may be in force from time to time, as any of the same may be re-enacted, amended or interpreted from time to time.
WCC expects all employees of NSL to behave in an appropriate and professional manner while conducting their enforcement duties. In addition, NSL have their own internal disciplinary process, which all their employees are subject to.
If you are not satisfied with this response please set out your reasons in writing and send to:
Customer Relations
PO Box 396
Warrington
WA55 1EL
Phone: 0207 641 1743
Fax: 0207 641 1744
Email: [email address]
Should you still be dissatisfied with the outcome of any such complaint you have the right to make a complaint to the Information Commissioner, pursuant to section 50 of the FOIA. The contact details are:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625-545-700
www.informationcommissioner.gov.uk
Yours sincerely
Gordon Deas
Departmental Records Officer