Our reference: 16219 FOI
14 January 2020
Dear Mr Perkins,
Thank you for your request of 22 December 2019 in which you asked for the following information.
Please find our response to your questions below, in bold:
‘ 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 didn’t 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 person’s 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’
Oxfordshire County Council does not hold information in response to your request, but I
can advise you of the following:
1) Oxfordshire County Council does not hold this information. It is not something that
we have to deal with or have ever been asked.
2) Yes
3) No – requirements regarding compliance with the Equalities Act would be subject to
contractual agreement
4) The contract manager would be called in and an urgent investigation into the matter
would be requested
5) Yes, however further information would be required on the incident
6) Yes, subject to contract requirements
7) the Enforcement Agents are employed by the Enforcement Agency and we would
require them to comply with the Contract entered into with the Council
8) Yes – as per contract terms
Internal review
If you are dissatisfied with the service or response to your request you can ask for an internal
review as follows:
• Contact the Freedom of Information team in Law & Governance:
xxx@xxxxxxxxxxx.xxx.xx
• Write to the Freedom of Information team at the FREEPOST address:
Freedom of Information Team
Oxfordshire County Council
FREEPOST (RTLL-ECKS-GLUA)
Oxford OX1 1YA
If you remain dissatisfied with the handling of your request or complaint, you have a right to appeal
to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
Telephone: 0303 123 1113 Website:
https://ico.org.uk
Please let me know if you have further enquiries. I would be grateful if you could use the reference
number given at the top of this email.
Yours sincerely,
N Akhtar-Ali
Ms N Akhtar-Ali
Deputy Civil Enforcement Manager
(Parking and Bus Lane Enforcement)
Communities Directorate
Oxfordshire County Council
Email:
xxxxxxx@xxxxxxxxxxx.xxx.xx www.oxfordshire.gov.uk