Application of the ACPO / ABI MOU in respct of stolen / recovered Vehicles

Dear Nottinghamshire Police,

This request for information should be considered in relation to
your reference FOI09-2637 in what appears to be the contradictory
information paragraphs 3 and 4, see@

http://www.whatdotheyknow.com/request/ke...

I ask to be provided all information relating to your consideration
and application of the ACPO/ABI MOU in so far as it relates to the
release of information concerning the whereabouts of a vehicle to
Insurers.
The concerns raised below relate particularly to those cases where
the registered keeper cannot be identified or contacted.
1. To what specific aspect of the MOU are you referring (or do you
refer) when claiming that this applies to your ability to release
information about the whereabouts of a vehicle.

2. what guidance is provided in respect of this and the
interpretation of the MOU?

3. On what basis does your Constabulary believe that the MOU
provides an appropriate mechanism for advising Insurers about the
whereabouts of a stolen/recovered vehicle i.e. for releasing
information upon request (as opposed to volunteering data.

4. Conversely, on what basis does your constabulary believe it
inappropriate to disclose to an insurer (with an interest) the
whereabouts of a stolen / recovered vehicle in respect of which the
insurer has been presented a claim but has not paid out.
It appears the process you wish to adopt is that, on having
recovered a vehicle (and assuming that the Insurer learns of this),
the Insurance Company must write to the Insured sending the
appropriate Appendix D mandate. The Insured must then post this to
his Insurers who, upon receipt of the signed document, must then
write to your Constabulary making payment in the sum of £20 or £75
5. your clarification on this point is sought; which payment is
appropriate for the release.
Aside of the administration cost to the Insurer, as every day
passes the vehicle will incur a further £20 storage charge. We
would suggest that the above process would take at least a week i.e
would add £140 in storage charges alone.
6. I am seeking all information and guidance in respect of the
policy which your Constabulary has adopted.
You advise, with regard to informing Insurers about the location of
a vehicle that has been recovered “information may not be provided
by telephone or by email due to the need to remain adequate
security and to provide information in the agreed format”.
7. Please advise the basis upon which you consider telephone or
email lacking adequate security in respect of notifying the Insurer
of the whereabouts of a recovered vehicle and in the alternative,
the basis upon which a letter (slower, more costly and passing
through many hands) is considered secure. Please provide results of
any consideration or study use to support the statement and / or
implement the police.

8. Please advise and provide any consultation upon this point; the
issue of the police system adding to costs i.e. what consideration
has been given to speeding up the process and thereby keeping costs
to a minimum and ensuring an insured is reunited with their vehicle
faster.
With regard to the process in place to notify the Insured of a
vehicle’s whereabouts, your response is not understood.
9. Please provide a copy of the policy that is circulated and in
force in relation to the approach stated. I am seeking a copy of
the policy, the ‘good practice’ information that, for example,
states that should a vehicle be noted as stolen for more than three
weeks a check will be undertaken on MIAFTR. For example, how was 3
weeks decided upon

10. Similarly I am seeking a copy of the ‘good practice’ advice or
direction that relates to the process of contacting the ‘registered
keeper’.

11. Please advise the basis upon which you seek to make contact
with the ‘registered keeper’ as opposed to the victim, the party
that contacts you and notifies the loss.
With regard to the above, it is the policy I am seeking, the
consideration and implementation of this approach to contact a
registered keeper. A registered keeper is not necessarily the party
that owns a vehicle or has best claim to title. Furthermore,
registered keeper information is often out of date and/or may not
be the victim. For example, the Insured may only recently have
purchased the vehicle and not yet be recorded as the keeper. It can
take six weeks or more for a registered keeper to appear on the
DVLA records, assuming that they will update same in respect of a
stolen vehicle. A registered keeper may have notified the DVLA of a
change of address but the processing may take time. The above
request is seeking the policy that addresses your contacting the
registered keeper as opposed to the victim you have recorded.
12. Provide all policy information that relates to the
consideration that has given (and dismissed) to notifying the
victim/Insured AND their Insurers when compiling your policy.
The above should address, for example, obtaining ‘consent’ from the
victim at the time of reporting for the release of information to
the Insurer in the event of recovery.
It is noted from your stolen vehicle / recovery guidance, that the
role and responsibilities of a ‘Constable’ include the ‘protection
of life and property’.
13. I ask to be provided all information that supports the
Constabulary’s actions, your belief that you are protecting the
‘property’ (income/money) of an Insured or Insurer by preventing an
Insurance Company from gaining access to a vehicle promptly thereby
enabling insurers to be subject to increased charges. Similarly,
this protection of ‘property’ can be extended to the restoration of
a vehicle to the Insured; in cases of damaged vehicles, as soon as
the vehicle is in the possession of the Insurers, the sooner it
will be examined by an engineer and the sooner repairs will be
undertaken.
14. I am seeking all advice and consideration in respect of the
reducing the hardship, stress and inconvenience caused by keeping a
vehicle from an Insured.
Yours faithfully,

Philip Swift

Dear Freedom of Information,

please acknowledge this complaint about your failure to provide the
data. please undertake an internal review.

Yours sincerely,

Philip Swift

Dear Freedom of Information,

with regard to your reply:

I apologise that unfortunately due to the recent inclement weather,
staff have been unable to attend work and therefore we are unable
to respond to your request within 20 working days. We will reply to
your request as soon as possible.

Should you have any further enquiries concerning this matter,
please write or contact the Freedom of Information Officer on
telephone number 0115 9672507 or e-mail [email address] quoting the
above reference number.

how long is "as soon as possible"?

Yours sincerely,

Philip Swift

Dear Freedom of Information,

whilst I thank you for a response, I again ask how long I am
expected to wait. On this occasion, how long is

"as soon as it is ready for disclosure"

Yours sincerely,

Philip Swift

Dear Nottinghamshire Police,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Nottinghamshire
Police's handling of my FOI request 'Application of the ACPO / ABI
MOU in respect of stolen / recovered Vehicles'.

the questions i have posed have not been addressed.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ap...

Yours faithfully,

Philip Swift

Langford, Glen,

Dear Sir,

your response is effectively:

"I feel that the explanations provided address all your questions
and identifies Nottinghamshire Police’s position in relation to the
Memorandum of Understanding between the Association of British
Insurers and ACPO. "

I have some questions:

You state you state "I have been requested to carry out an
independent review on the way that your request has been handled."

1. I note the request made of you, please advise whether you did in
fact conduct an 'independent review'.

2. Please advise on what basis you consider yourself able to
conduct an 'independent' review in respect of my request.

3. please provide your rank and experience and explain on what
basis are you qualified to undertake a review of your peers?

You state that you 'feel' that the explanations provided address
all my questions .... etc

4. when you say 'you feel', please explain what has resulted in
this 'feeling'; on what basis, the evidence which has resulted in
the sensation or intuitive understanding of the response I
received. How have you reached your conclusion, on what evidence?

I am not seeking what appears to be your gut reaction to the
response, I have asked for a review and anticipate an explanation
of the rationale behind your conclusion, as opposed to what appears
a casual dismissal.

Yours faithfully,

Philip Swift

Freedom of Information Department
Nottinghamshire Police
Force Headquarters
Sherwood Lodge
Arnold
Nottingham
NG5 8PP

Dear Mr Langford,

I am not satisfied with your response. I have asked for a review.
You appear to be playing semantics but for the sake of clarity and
to avoid further prevarication, I wish to submit a formal appeal,
for your request to be looked at further.

For reasons that should be obvious, I also ask that you
disassociate yourself from my request(s).

I understand the review / complaint will be undertaken and a
response sent in the next 20 working days

Yours sincerely,

P Swift