Allocation of Debters Funds

Jay Roberts made this Freedom of Information request to Scarborough Borough Council

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The request was successful.

Dear Scarborough Borough Council,

If you could please respond to the queries below.

1) What happens at your Local Authority should a PCN account that has been passed to an Enforcement Agent receive a payment, either a full or part payment, direct from the debtor?

2) If you pass no money on to the Enforcement Agent, do you inform the agent of any payments made? Do you advise that they need to make their own arrangements to collect their fees?

3) If you pass all or any money onto the Enforcement Agent, please can you show the exact legislation that compels you to do so, directing me to the specific part?

4) If there is no such legislation, can you direct me to any policy, contract or service level agreement you have in place that compels you to pass on direct payments?

5) If a policy, contract or service level agreement is in place, what legislation or regulation makes that document legally binding on a defaulter when they have not agreed to its terms?

6) Should a defaulter make a direct payment to clear the arrears stated on the account and receive a receipt, does your Local Authority consider this proof that the original account has been paid?

7) From where does (or did) your PCN collection staff take their training or advice on the practice of taking direct payments in the circumstances outlined in this correspondence?

Yours faithfully,

Jay Roberts

Diane Cross, Scarborough Borough Council

Dear Jay

 

Email Address: [1][FOI #268709 email]  

FOI Request Reference: FOIA3832 - Allocation of Debtors Funds - PCNs

Thank you for your written communication of 18/05/2015.

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should be made within the statutory timeframe of 20 working days from the
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Yours sincerely

Freedom of information Officer

 

 

Freedom of Information Officer

Legal and Democratic Services

Scarborough Borough Council

e:  [2][Scarborough Borough Council request email]

t:01723 232323

f:0870 2384159

w:  [3]www.scarborough.gov.uk

 

 

 

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Jane Wilson, Scarborough Borough Council

Dear Mr Roberts

Thank you for your request which has been dealt with under the Freedom of Information Act 2000 (FOIA). You requested the following information:

1) What happens at your Local Authority should a PCN account that has been passed to an Enforcement Agent receive a payment, either a full or part payment, direct from the debtor?

Payment will be returned to the debtor and debtor advised to make payment direct to the bailiff

2) If you pass no money on to the Enforcement Agent, do you inform the agent of any payments made? Do you advise that they need to make their own arrangements to collect their fees?

n/a we do not pass payment onto the Enforcement Agent

3) If you pass all or any money onto the Enforcement Agent, please can you show the exact legislation that compels you to do so, directing me to the specific part?

n/a we do not pass payment onto the Enforcement Agent

4) If there is no such legislation, can you direct me to any policy, contract or service level agreement you have in place that compels you to pass on direct payments?

n/a we do not pass payment onto the Enforcement Agent

5) If a policy, contract or service level agreement is in place, what legislation or regulation makes that document legally binding on a defaulter when they have not agreed to its terms?

n/a we do not pass payment onto the Enforcement Agent

6) Should a defaulter make a direct payment to clear the arrears stated on the account and receive a receipt, does your Local Authority consider this proof that the original account has been paid?

No as payment would be returned to debtor if applicable.

7) From where does (or did) your PCN collection staff take their training or advice on the practice of taking direct payments in the circumstances outlined in this correspondence?]

Councils own interpretation of regulations and Seminars on changes in legislation.

Review
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to the Freedom of Information Officer, Legal and Support Services, Town Hall, St Nicholas Street, Scarborough, North Yorkshire, YO11 2HG or email [Scarborough Borough Council request email].

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner’s Office cannot make a decision unless you have exhausted the complaints procedure provided by Scarborough Borough Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF | Tel: 01625 545745 | Fax: 01625 524510 | Web: | www.ico.org.uk |

Yours sincerely

Jane Wilson

Deputy Parking Manager
Scarborough Borough Council
www.scarborough.gov.uk

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