Dear Dumfries and Galloway 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

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 12/09/2017 which we are dealing with in terms of the above legislation. We have given your request the unique reference 277419 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 10/10/2017.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

--
Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
of Information (Scotland) Act 2002.

Dumfries and Galloway Council

Please find below the Council's response to your request 277419 which was received on 12/09/2017.

Details of request: 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?

Response:

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

14

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

See below

3) How many of those prosecutions were successful?

See below

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

See below

Please note, that in response to questions 2-4 above, the Council is advising that there were 3 or fewer cases in each instance. Due to the low numbers and the rural nature of our region, there is a risk that providing the specific numbers could lead to individuals being identified.

The Council is therefore applying Section 38(1)(b), read in conjunction with 38(2)(a)(i), of the Freedom of Information (Scotland) Act 2002 - to disclose specific numbers would be to disclose personal information without an appropriate condition for processing, and essentially breach Principle 1 of the Data Protection Act 1998.

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?

We do not have a policy as we only become aware if/when consumers or traders make a complaint to us about it, therefore the current owner is already aware. We would however advise the current keeper to make prospective purchasers aware of this when they sell the vehicle. As such, and in accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council advises that a policy is information not held.

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.

Advising current keeper.

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

No

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

--
Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
of Information (Scotland) Act 2002.

Looking for an EU Authority?

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

AskTheEU.org