Dear Plymouth City Council,
can you please answer under public interest using yes or no answers or a detailed description if you wish ...

the answers should be contained within your code of ethics and your contracts or
simply in any code of conduct.this is not a complaint against your council
but research into how bailiffs can be a law unto themselves if not watched

1. Does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the prior
agreement of the council in cases where they have wrongfully seized when
the customer is identifiably vulnerable?

2. Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned after 3 months?

3. Would you allow enforcement agents to breach the equalities act by
achieving a gain whilst someone is under mental health treatment if it
meant your business rates were collected,even if they didnt inform you?

4. How would you react if they did this without you knowing?

5. Would you class a secret indemnity kept from the council which achieves
a gain at the cost to the vulnerable victim a material breach of contract
.?

6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers 7.would you employ enforcement
agents that have fraudulently concealed information that could cause
litigation to the council or serious damage to a protected party in the
past ?

thank you for your public concern in answering these questions asap.

8.before a seizure of a persons assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Yours faithfully,

Yours faithfully,

claire moore

FoI Corporate Services, Plymouth City Council

OFFICIAL

Dear Ms Moore

My Ref: 915946

Thank you for your request for information about enforcement agents - code of conduct, ethics and contracts. Your request was received on 23 December 2019 and is being dealt with under the terms of the Freedom of Information Act 2000.

The Council will seek to provide the information you have requested within 20 working days, that is by 23 January 2020 and it will be provided by email or hard copy, depending how you made your request and how the information is held.

Information is usually provided free of charge but in some circumstances a fee may be payable and if that is the case I will inform you. A fees notice will be issued to you and you will be required to pay this before we proceed with your request.

Information about the Freedom of Information Act 2000 can be found on the Information Commissioners Office website: http://www.ico.gov.uk

Plymouth City Council also has information available on our website: https://www.plymouth.gov.uk/aboutcouncil...

Yours sincerely

Ms K Forsyth
Customer Advisor
Customer Service and Service Centre
Plymouth City Council
Ballard House, West Hoe Road
Plymouth
PL1 3BJ

T +441752668000
F +441752305538
E [email address]
www.plymouth.gov.uk

dangos adrannau a ddyfynnir

Perrin, Aaron, Plymouth City Council

1 Atodiad

OFFICIAL

Ref: 915946

 

24 January 2020

 

Dear Ms Moore

 

Thank you for your request under the Freedom of Information Act 2000. Your
request is to be supplied with the information detailed in your attached
request. I apologise for the delay in responding to your request. Plymouth
City Council’s response is below.

 

 

The Freedom of Information Act 2000 provides public access to information
held by public authorities. Some of your request appears to be asking
questions and opinions. As such, questions 3, 4, 5 and 7 are not held.

 

1.    Does your enforcement agent contract allow your enforcement agents
to issue an indemnity against prosecution for themselves without the prior
agreement of the council in cases where they have wrongfully seized when
the customer is identifiably vulnerable?

 

Indemnity

 

The Supplier shall indemnify, and shall keep indemnified, the Council in
full against all costs, expenses, damages and losses (whether direct or
indirect), including any interest, fines, legal and other professional
fees and expenses, awarded against or incurred or paid by the Council as a
result of or in connection with:

1.    any claim made against the Council for death, personal injury or
damage to property arising out of, or in connection with, any
non-compliance of the Deliverables or Services with the Contract;

2.    any claim made against the Council arising out of, or in connection
with, the supply of the Services, to the extent that such claim arises out
of the breach, negligent performance or failure or delay in performance of
the Contract by the Supplier;

3.    any claim made against the Council arising out of, or in connection
with the negligence of the Supplier or its Representatives whilst on,
entering, or leaving the Premises;

4.    any claim made against the Council for infringement of a third
party's Intellectual Property Rights arising out of, or in connection
with, the Council's use of the Services;

5.    all damage to the Council's property or the Premises caused by the
Supplier or its Representatives (including any damage or destruction to,
corruption of, or loss of data held by the Council);

6.    any breach of Data Protection Law by the Supplier or its
Representatives; and

7.    any claim made against the Council by a third party resulting from,
or arising out of  any breach by the Supplier of its obligations under
Conditions 14 or 17.

 

The Supplier shall not be liable to the Council for any losses, damage or
injury to the extent that they are caused by or arise directly out of the
act or omissions of the Council in breach of its obligations under the
Contract.

 

2, 6 and 8. Please see the attached document with the specifications
whereby Enforcement Agents must adhere to.

 

 

If you wish to discuss this email or the information that is supplied then
please contact me.

 

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to me stating the reason for
your dissatisfaction.

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

Information Commissioner's Office,

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113. Website: [1]www.ico.gov.uk There is no charge
for making an appeal.

 

Kind regards

 

Aaron Perrin
Principal Business Support Officer
Integrated Finance
Plymouth City Council
Ballard House,

West Hoe Road
Plymouth
PL1 3BJ

E [2][email address]

[3]www.plymouth.gov.uk

 

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