Dear Wirral Metropolitan Borough Council,

In January 2019 Kingdom Services started enforcing business waste regulation, per the powers delegated to them by WBC. As a result in Jan 2019 48 FPNs were issued for failure to produce business waste transfer notes and 168 FPNs for a failure to have duty of care provisions in place for business waste. There was a massive outcry about the methods used and the lack of forewarning given and it seems subsequently all FPNs were rescinded. Can you please confirm all 216 FPNs have been cancelled, the business owners notified and any court papers which Kingdom advised were being prepared have been cancelled. Furthermore can you confirm that anyone who had paid this £300 FPN has been refunded in full.
Finally, given that Wirral Borough Council will have received no income from these 216 FPNs can you advise whether Kingdom were paid for issuing these FPNs or not. If they have been/will be paid for these 216 FPNs can you please advise in total the amount(net of Vat) that they have been /will be paid.

Yours faithfully,

Claire Davidson

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Ms Davidson

We write further to your recent Freedom of Information request in which
you asked:

 

In January 2019 Kingdom Services started enforcing business waste
regulation, per the powers delegated to them by WBC. As a result in Jan
2019 48 FPNs were issued for failure to produce business waste transfer
notes and 168 FPNs for a failure to have duty of care provisions in place
for business waste. There was a massive outcry about the methods used and
the lack of forewarning given and it seems subsequently all FPNs were
rescinded.   Can you please confirm all 216 FPNs have been cancelled, the
business owners notified and any court papers which Kingdom advised were
being prepared have been cancelled.  Furthermore can you confirm that
anyone who had paid this £300 FPN has been refunded in full.   Finally,
given that Wirral Borough Council will have received no income from these
216 FPNs can you advise whether Kingdom were paid for issuing these FPNs
or not. If they have been/will be paid for these 216 FPNs can you please
advise in total the amount(net of Vat) that they have been /will be paid.

 

Wirral Council can advise as follows:

 

In relation to the figures you have quoted from the published January
report, please be advised that 168 notices to produce written information
were issued – not FPNs as you have stated.  48 FPNs were issued for
failure to produce that required information, which on expiry of the
notice, establishes the duty of care offence.

 

Further to this enquiry, there were 78 FPNs issued in total by Kingdom for
failure to provide written information for the transfer of waste. Trade
waste enforcement actions have been suspended and all notices rescinded.
Any payments are subsequently refunded.

In response to your final point, Wirral Council declines to provide cost
related information as commercially sensitive and considers Section 43 of
the Freedom of Information Act 2000 will apply.

Section 43 is a qualified, prejudice-based exemption, and is subject to a
public interest test. The public interest argument for disclosure is that
it allows a greater degree of scrutiny over how public money is spent,
while contributing to transparency over how decisions have been reached.
It is important that public authorities allow their decisions to be
scrutinised by the public to ensure that funds are managed appropriately.
 

The public interest argument against disclosure is that the information
requested could be used to gain an unfair advantage for future tender
exercises.  The Council considers that the disclosure of the information
would be likely to prejudice the commercial interests both of the public
authority and its suppliers; its disclose may also affect the Council’s
ability to do business in future.  The Council considers the public
interest in maintaining the exemption under s43 in this case outweigh the
public interest in disclosure.  This part of your request is therefore
refused under the exemption contained in section 43 (2) of The Freedom of
Information Act 2000.

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review of the refusal of the information
requested.  Please direct any request for an internal review to
[1][Wirral Borough Council request email] and your request will be allocated for
review.

If you are dissatisfied with the outcome of an internal review you also
have the right to complain to the information Commissioner, who can be
contacted at [2]https://ico.org.uk/global/contact-us/

 Yours sincerely

 

Lynette Paterson

Principal Information Management Officer

Business Management

 

Treasury Building

Argyle Street

Birkenhead

Wirral

CH41 1AH

 

Tel: 0151 691 8201

[3][Wirral Borough Council request email]

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

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References

Visible links
1. mailto:[Wirral Borough Council request email]
2. https://ico.org.uk/global/contact-us/
3. mailto:[Wirral Borough Council request email]

Dear InfoMgr, FinDMT,
Many thanks for your reply. As Kingdom have now left Wirral, surely this information is no longer 'commercially sensitive' and can therefore be released.
I would therefore respectfully request the information again.

Yours sincerely,

Claire Davidson

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Ms Davidson

Further to your email below, the Council's position remains unchanged from the response provided on 4 March 2019.

Yours sincerely

Lynette Paterson
Principal Information Management Officer
Business Management

Treasury Building
Argyle Street
Birkenhead
Wirral
CH41 1AH

Tel: 0151 691 8201
[Wirral Borough Council request email]

This information supplied to you is copyrighted and continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non commercial research you are doing and for the purposes of news reporting. Any other reuse, for example commercial publication, would require our specific permission, may involve licensing and the application of a charge

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