Dear Portsmouth City Council,

Dear Luton Borough Council,

Dear Worcester City Council,

Under foia

does your enforcement agent contract allow your enforcement agents

to issue a indemnity against prosecution for themselves without the agreement of the council in cases where they have wrongfully seized and to vulnerable people

Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned?

Would you allow enforcement agents to breach the equalities act if it meant your business rates were collected .

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

this is not a complaint btw its for research into bailiff law

Yours faithfully,

dan prkns

Yours faithfully,

dan74

FOI, Portsmouth City Council

1 Attachment

 

[1]logo_engInformation Governance  

Community & Communications  Services

Civic Offices, Guildhall Square, Portsmouth,
PO1 2AL

Telephone:    023 9268 8482

                                               

                                                                       

Reference: FOI/2019/1604

 

Dear Dan Prkns

 

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT

 

Thank you for your request for information received on 15^th November
2019.

 

Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days' time limit will not commence until your request has been clarified.

 

The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.

 

The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.

 

The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.

 

There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.

 

Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.

 

If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [2][email address].

 

Yours sincerely

 

Jonathan Waite

FOI Officer

 

show quoted sections

Dear FOI,
these are the questions we now want answering please.other councils have been able to answer yes or no or with a brief explanation or reason for their answer.hopefully you will do the same

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,

dan perkins

Yours sincerely,

dan74

FOI, Portsmouth City Council

Dear Dan

Please be assured that your request is in process, however, due to staff absences over the festive period we have been unable to meet the legal deadline for responding to your request, for which we sincerely apologise.

Be assured that we are doing everything we can to chase up and escalate the matter with the relevant department and hope to receive a response to your request within the next few days.

Kind regards

Natasha King
Information Governance Specialist

Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ

T: 023 9288 2659
E: [email address]
E: [Portsmouth City Council request email] / [email address]
E: [email address]

show quoted sections

FOI, Portsmouth City Council

2 Attachments

[1]logo_engInformation Governance, Community & Communications Service

Civic Offices, Guildhall Square, Portsmouth, PO1 2AL

Telephone:    023 9268 8482

 

 

Our Ref: FOI/2019/1604

 

Dear Dan Prkns  

                                   

INFORMATION REQUEST – FOI/2019/1604 - Bailiff Indemnities

 

Thank you for your request for information received on 15th November 2019,
which was considered under the Freedom of Information Act 2000. 

 

In accordance with the Act, Portsmouth City Council confirms it holds the
information.

 

YOUR REQUEST & OUR RESPONSE:

 

does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the
agreement of the council in cases where they have wrongfully seized and to
vulnerable people - NO

 

Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned? - NO

 

Would you allow enforcement agents to breach the equalities act if it
meant your business rates were collected - NO

 

How would you react if they did this without you knowing? We would need
to investigate the matter and report on our findings.

 

Under the Re- Use of Public Sector Information Regulations 2015 (SI
2015/1415) the supplied information may not be re-used without obtaining
the permission of Portsmouth City Council.

 

You have the right to appeal against this decision or to complain about
our treatment of your request.  If you wish to do so, please set out in
writing your grounds of complaint and send to the Corporate Information
Governance Officer at Portsmouth City Council, Civic Offices, Guildhall
Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482, e-mail
[2][email address].

Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.

 

Once these processes have been exhausted you have a further right of
appeal to the Information Commissioner at:

 

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

[3]https://ico.org.uk

 

Yours sincerely

 

 

Natasha King

Information Governance Specialist

 

From: FOI <[Portsmouth City Council request email]>
Sent: 18 November 2019 14:23
To: 'dan74' <[FOI #620626 email]>
Cc: FOI <[Portsmouth City Council request email]>
Subject: FOI/2019/1604 - Bailiff Indemnities

 

 

[4]logo_engInformation Governance  

Community & Communications  Services

Civic Offices, Guildhall Square, Portsmouth,
PO1 2AL

Telephone:    023 9268 8482

                                               

                                                                       

Reference: FOI/2019/1604

 

Dear Dan Prkns

 

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT

 

Thank you for your request for information received on 15^th November
2019.

 

Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days' time limit will not commence until your request has been clarified.

 

The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.

 

The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.

 

The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.

 

There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.

 

Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.

 

If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [5][email address].

 

Yours sincerely

 

Jonathan Waite

FOI Officer

 

show quoted sections

Dear FOI,

thank yu for your transparancy and ethics

Yours sincerely,

dan prkns