Car Clamping

The request was successful.

Dear Arun District Council,

Please will you provide me with a copy of the document(s) that describes the process a debt recovery agent (contracted to the council) follows when deciding to clamp (immobilise) a car whilst pursuing a debt. Specifically what checks, if any, are to be made by the agent or back office to assertain car ownership is still that of the debtor, before taking clamping action.

note: this question is based on the possibility that ownership of a given car may have changed long since e.g. the original PCN issue date and that there is a possibility the car may be clamped unlawfully because the current owner of the car is not the debtor, the car may have been sold many months ago.

Yours faithfully,

Paul Cordon

Infomanagement, Arun District Council

1 Attachment

Dear Mr Cordon

 

Thank you for your Information Request received on 30 November 2016.

 

Please find your request and our response below:-

 

REQUEST:

 

Please will you provide me with a copy of the document(s) that describes
the process a debt recovery agent (contracted to the council) follows when
deciding to clamp (immobilise) a car whilst pursuing a debt.  Specifically
what checks, if any, are to be made by the agent or back office to
ascertain car ownership is still that of the debtor, before taking
clamping action.

 

note: this question is based on the possibility that ownership of a given
car may have changed long since e.g. the original PCN issue date and that
there is a possibility the car may be clamped unlawfully because the
current owner of the car is not the debtor, the car may have been sold
many months ago.

 

RESPONSE:

 

Arun District Council does not hold the documents which detail the
Enforcement Agents procedures, therefore, they are not held for the
purposes of the Freedom of Information Act 2000.

 

However, in an effort to advise and assist, the Car Parks Section has been
advised that both Enforcement Agents adhere to the Taking Control of Goods
Regulations 2013 - please see pdf copy attached.

 

The specific procedure can be found in paragraphs 16-18, on page 8-9. In
addition, please note the following:

 

Marstons confirm that when they receive a PCN, a DVLA check will be
carried out on the vehicle provided.   This DVLA check will do an up to
date check on the vehicle provided and will be valid for three months.  If
they are to enforce again on the same vehicle outside of the 3 month
period, another DVLA check will be carried out.  The vehicle will not be
removed unless it is a full match on the DVLA and clear of finance.

 

Jacobs conduct a DVLA check immediately on receipt of the case and would
report any exceptions to the council.  Should Jacobs seek to immobilise a
vehicle, Jacobs will undertake a further DVLA check in addition to a HPI
finance check.

 

If you are dissatisfied with the way your request for information has been
handled, you can write asking for a review of the Council’s response,
within the next two months, to the Information Management Team at: Arun
District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West
Sussex, BN17 5LF (email [1][Arun District Council request email]).

 

If, having exhausted our review procedure, you remain dissatisfied with
the handling of your request or complaint, you will 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 [2]www.ico.org.uk).  There is no charge for making an
appeal.

 

Yours sincerely,

 

 

Information Management Team

Arun District Council

 

 

 

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Peter Michael Stephenson left an annotation ()

WDTK Assessor - One of many examples where an authority has received a request that is not technically an FOIA request and yet answers it fully. PMS