Dear North Yorkshire County Council,

TRADING STANDARDS FOI
Illegal car clocking/ vehicle mileage adjustment is in the news at the moment as such could you answer the following questions.

1) How many cases of car clocking has your council investigated in the last 5 years?

2) Of those cases, how many were dealt with by prosecuting the suspected offenders?

3) How many of those prosecutions were successful?

4) In total, how many vehicles were involved in the successfully prosecuted cases?

5) What is your council’s policy for alerting innocent members of the public and motor trade
to vehicles the council has successfully proven have been "clocked"?

6) Can you provide confirmation in respect of question 5 of the type of action you have taken to warn people about the vehicles you have discovered to have been clocked?
For example, publishing ‎vehicle details, alerting Auto Trader or other specialist publications; registering data with HPI and other mileage data services.

7) Has the council or trading standards department seized any "clocked" vehicles ‎over the past five years and subsequently destroyed them?

Yours faithfully,

Mr.M.Robson

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Jo Boutflower, North Yorkshire County Council

1 Attachment

Dear Mr Robson,

 

I refer to your request made under the Freedom of Information Act 2000,
and have set out the response to each question below.

 

1) How many cases of car clocking has your council investigated in the
last 5 years?

 

15 reports or complaints of suspected car clocking were investigated. In
some cases there was no evidence that a car had been clocked, in others
the amount clocked was minimal compared to the age and value of the car
(for example 6,000 miles on a 12 year old car), and in some there had been
a clerical error on a service record, invoice or similar. One trader was
bankrupt and no longer trading. Three traders were provided with written
advice following our enquiries.  

 

2) Of those cases, how many were dealt with by prosecuting the suspected
offenders?

 

None.

 

3) How many of those prosecutions were successful?

 

N/A

 

4) In total, how many vehicles were involved in the successfully
prosecuted cases?

 

N/A

 

5) What is your council’s policy for alerting innocent members of the
public and motor trade to vehicles the council has successfully proven
have been "clocked"?

 

The county council does not have a written policy. Clocked cars are not
illegal items in themselves and may continue to be sold as long as they
are correctly described by the seller. The county council has a statutory
duty to enforce the Consumer Protection from Unfair Trading Regulations
2008, under which it is an offence for a trader to describe a vehicle
using a false mileage, if an offence has been committed. However, it is
the responsibility of the trader to ensure that he does not trade
unfairly, including by referring to false mileages in connection with the
sale or advertisement of motor vehicles.  

 

6) Can you provide confirmation in respect of question 5 of the type of
action you have taken to warn people about the vehicles you have
discovered to have been clocked?

For example, publishing ývehicle details, alerting Auto Trader or other
specialist publications; registering data with HPI and other mileage data
services.

 

See 5 above.

 

7) Has the council or trading standards department seized any "clocked"
vehicles ýover the past five years and subsequently destroyed them?

 

The county council trading standards service has powers to seize goods in
limited circumstances including to allow for testing or to provide
evidence for court proceedings. Goods may be retained for no more than 3
months from the date of seizure, or where they are evidence in proceedings
for no longer than they are required for that purpose. There is no
statutory power for a trading standards service to destroy seized goods,
although a court may be asked to order the forfeiture of counterfeit goods
for destruction. As set out in 5 above, clocked cars may still be sold as
long as they are described correctly.

 

Yours sincerely.

 

Jo Boutflower

 

 

Access your county council services online 24 hours a day, 7 days a week
at [1]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the
Information Governance Team ([2][North Yorkshire County Council request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. http://www.northyorks.gov.uk/
2. mailto:[North Yorkshire County Council request email]

Dear Jo Boutflower,

Thank you for your comprehensive reply.

Yours sincerely,

Mr.M.Robson

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org