Clamping and Car Ownership Checks

Paul Cordon made this Freedom of Information request to Crawley Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Crawley Borough Council did not have the information requested.

Dear Crawley Borough 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 action.

note: this question is based on the possibility that ownership of a given car may have changed long since the original PCN issue date and that there is a danger the car may be clamped unlawfully because the current owner of the car is not the debtor.

Yours faithfully,

Paul Cordon

Freedom Of Information, Crawley Borough Council

Dear Sir

Thank you for your request for information which is being considered under
the Freedom of Information Act.

You should receive the information requested within 20 working days unless
the Council does not hold the information or if there is a reason for it
to be withheld.

Please remember to quote the above FOI reference number in any future
communications.

Kind regards,         

Freedom of Information

 

 

 

 

 

 

show quoted sections

Freedom Of Information, Crawley Borough Council

Dear Sir,

 

Further to your request for information, please see below for the
Council's response in blue text.

 

Kind regards,

 

Freedom of Information Section

 

FOI request No: 4665

 

Dear Crawley Borough 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 action.

 

note: this question is based on the possibility that ownership of a given
car may have changed long since the original PCN issue date and that there
is a danger the car may be clamped unlawfully because the current owner of
the car is not the debtor.

 

Yours faithfully,

 

Paul Cordon

 

Crawley Borough Council does not hold this information. Crawley Borough
Council does not clamp vehicles; Enforcement Agents working on the
Council’s behalf to recover monies owed may, and they may have their own
policies relating to this.

 

 

 

show quoted sections

Dear Freedom Of Information,

In your response of 21 November 2016 :

>> "Further to your request for information, please see below for the
Council's response in blue text." <<

- your reference to blue text or any other colour text does not appear to be present. Please will you check or send this information again?

Yours sincerely,

Paul Cordon

Freedom Of Information, Crawley Borough Council

Dear Sir,

 

The text is at the bottom of our original email.

 

"Crawley Borough Council does not hold this information. Crawley Borough
Council does not clamp vehicles; Enforcement Agents working on the
Council’s behalf to recover monies owed may, and they may have their own
policies relating to this."

 

Kind regards,

 

Freedom of Information

 

 

 

show quoted sections

Geoff Lovell left an annotation ()

Once again I am pointing something out to the 'Audit & Risk' department of CBC.
The FOI act states clearly that the Council must assist the questioner to redefine and achieve their request.
All contractors working for CBC must conform to the FOI act so I would ask CBC To question those contractors to provide their policies to post on this site.

Dear Freedom Of Information,

Would you please request this information from the sub contractors you use?

Yours sincerely,

Paul Cordon

Freedom Of Information, Crawley Borough Council

Dear Sir

 

Thank you for your request for further information.  The sub-contractor we
use is not a public authority and therefore not obliged to disclose the
information requested under the Freedom of Information Act. 

 

We have contacted the sub-contractor on your behalf and  they will speak
to their legal team to clarify if they can disclose this information.

 

As soon as we are in receipt of this confirmation we will endeavour to
provide you with the information you require.

 

Regards

 

Freedom of Information Section

 

 

 

 

 

 

 

 

show quoted sections

Geoff Lovell left an annotation ()

The Freedom of Information Act applies to all information held by public bodies. It also applies to specifically designated private companies that perform public functions and, in a limited capacity to private companies that contract to public bodies. The legislation gives anyone anywhere in the world the legal right to request and receive a copy of recorded information held by, or on behalf of, a public authority. The emphasis is always on disclosure of the information rather than withholding it.

Geoff Lovell left an annotation ()

The Act covers information that is held on behalf of a public authority even if it is not held on the authority’s premises. For example, you may keep certain records in off-site storage, or you may send out certain types of work to be processed by a contractor. Similarly, although individual councillors are not public authorities in their own right, they do sometimes hold information about council business on behalf of their council.

Freedom Of Information, Crawley Borough Council

Dear Sir

 

Further to our email of yesterday, this is to confirm we are unable to
provide you with the information requested.  However we are able to
provide the generic contact details as follows for the Enforcement Agents
the Council use:

 

[1][email address]

 

[2][email address]

 

Regards

 

Freedom of Information Section

 

 

 

From: Freedom Of Information
Sent: 29 November 2016 11:39
To: '[FOI #370212 email]'
<[3][FOI #370212 email]>
Subject: RE: Crawley Borough Council Response to Freedom of Information
Request: 4665

 

Dear Sir

 

Thank you for your request for further information.  The sub-contractor we
use is not a public authority and therefore not obliged to disclose the
information requested under the Freedom of Information Act. 

 

We have contacted the sub-contractor on your behalf and  they will speak
to their legal team to clarify if they can disclose this information.

 

As soon as we are in receipt of this confirmation we will endeavour to
provide you with the information you require.

 

Regards

 

Freedom of Information Section

 

 

 

 

 

 

 

 

show quoted sections