vehicle clamping policy and contracts

Dear Ms Brooke

FREEDOM OF INFORMATION REQUEST REF: 2009-397

I am writing to confirm that we received your information request on 20
July 2009. For your information and future communications your request has
been allocated the reference number FOI2009-397. Please quote this
reference in any future correspondence.

We will consider your request and respond in accordance with the
requirements of the Freedom of Information Act 2000. Our duty is to
respond promptly or at least within 20 working days.

Yours sincerely

Robin

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [1]http://www.rbkc.gov.uk

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References

Visible links
1. http://www.rbkc.gov.uk/
http://www.rbkc.gov.uk/

Dear Ms Brooke,

I apologise for the delay in responding to your request. I am still
waiting for the information in relation to question 3 and I am chasing
this up. In the meantime, I can release information in relation to your
other questions.

1. A copy of the council's policy on car clamping and any amendments made
(with dates of amendment) in the past 14 months up to the time this
request is answered.

Under section 21 of the FOI Act, we are not required to provide
information in response to a request if it is already reasonably
accessible to you.

The Key Decisions for both the vehicle clamping and removal policies are
available on the Council's website at:

[1]http://www.rbkc.gov.uk/howwegovern/keyde...

On 31/03/2008, part 6 the Traffic Management Act became affective. Section
79 refers to the requirements for the immobilisation or removal of a
vehicle. The TMA 2004 is available at this link:

[2]http://www.opsi.gov.uk/acts/acts2004/ukp...

2. If vehicle clamping is contracted out to another organisation(s) then
a list of those organisation(s).

The service is provided by NSL (NCP Services Ltd). Currently Task
Enforcement Ltd are contracted as bailiffs to provide a clamping service
in respect of enforcement against persistent evaders.

3. A copy of any contracts, indices and appendices between the council and
these organisations together with the monetary amounts of these contracts.

To be answered separately.

4. What monitoring, if any, is done to ensure clampers operate within
council guidelines.

Daily monitoring of the contractor in line with Key Performance indicators
is undertaken by Council officers. Their feedback escalates upwards
through regular reports to management and elected members.

5. If any sanctions, penalties or enforcement action has been taken
against a clamping firm a list of these with dates and detail of
infraction.

No financial penalties have been imposed on the Contractor for clamping
over the last 14 months.

Copyright

Please note, all material provided by the Royal Borough of Kensington and
Chelsea in response to your request for information is for your personal,
non-commercial use. The Royal Borough of Kensington and Chelsea reserves
all rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from the Royal Borough of Kensington and Chelsea will
constitute an infringement of copyright. Any intention to re-use this
information commercially will require consent. Please forward any requests
for re-use of information to the FOI officer ([3][RBKC request email]).

Complaints

I trust this has satisfied your request. Should you be unhappy with the
handling of your request, the Council has an internal complaints process
for handling FOI Act complaints. Complaints are reviewed by the Town Clerk
and Chief Executive or his nominee. A form is available from our website
to lodge your complaint
[4]http://www.rbkc.gov.uk/yourcouncil/freed....
Please contact us if you do not have website access and we can provide you
with a copy of the form.

Following this review, should you still be unhappy with how your
information request has been handled, you have a further right to appeal
to the Information Commissioner who is responsible for ensuring compliance
with the FOI Act.

Yours sincerely

Robin

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [5]http://www.rbkc.gov.uk

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Dear Ms Brooke,

I am now in a position to provide you with a response to point 3 of your
Freedom of Information request. I apologise for the delay in providing
this information.

3. A copy of any contracts, indices and appendices between the council and
these organisations together with the monetary amounts of these contracts.

Electronic copies of the contract as well as redacted copies of Schedules
1-12 of the On Street Parking Enforcement contract are attached (over 2
emails due to file size).

Under section 43 of the FOI Act (Commercial Interests), we are permitted
to withhold information if its disclosure would prejudice the commercial
interests of any party. We believe that the information on unit rates and
item costs (not including the total tender price) contained in this
contract is commercially sensitive, and disclosure of which would
significantly affect the Council's legitimate commercial interests.

While we acknowledge the considerable public interest in transparency
around the use of public monies, it is also important that the Council is
able to participate in commercial activity freely (which also has an
impact on the effective use of public money). It would be likely to weaken
the Contractors position in a competitive environment by revealing
market-sensitive information or information of potential usefulness to
their competitors.

In this instance, we believe the latter considerations outweigh the
former.

Copyright

Please note, all material provided by the Royal Borough of Kensington and
Chelsea in response to your request for information is for your personal,
non-commercial use. The Royal Borough of Kensington and Chelsea reserves
all rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from the Royal Borough of Kensington and Chelsea will
constitute an infringement of copyright. Any intention to re-use this
information commercially will require consent. Please forward any requests
for re-use of information to the FOI officer ([1][RBKC request email]).

Complaints

I trust this has satisfied your request. Should you be unhappy with the
handling of your request, the Council has an internal complaints process
for handling FOI Act complaints. Complaints are reviewed by the Town Clerk
and Chief Executive or his nominee. A form is available from our website
to lodge your complaint
[2]http://www.rbkc.gov.uk/yourcouncil/freed....
Please contact us if you do not have website access and we can provide you
with a copy of the form.

Following this review, should you still be unhappy with how your
information request has been handled, you have a further right to appeal
to the Information Commissioner who is responsible for ensuring compliance
with the FOI Act.

Yours sincerely

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [3]http://www.rbkc.gov.uk

show quoted sections

References

Visible links
1. mailto:[RBKC request email]
mailto:[RBKC request email]
2. http://www.rbkc.gov.uk/yourcouncil/freed...
http://www.rbkc.gov.uk/yourcouncil/freed...
3. http://www.rbkc.gov.uk/
http://www.rbkc.gov.uk/

Dear Ms Brooke,

See attached information in relation to part 3 of your request.

Robin

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [1]http://www.rbkc.gov.uk

show quoted sections

References

Visible links
1. http://www.rbkc.gov.uk/