Recovery of unpaid removal and storage charges following removal of a motor vehicle

The request was refused by Tower Hamlets Borough Council.

Edward Williams

Dear Tower Hamlets Borough Council,

This request relates to parking. I suggest it is forwarded to the head of parking enforcement.

Under section 102(2A) and 102(3) of the Road Traffic Regulation Act 1984 Tower Hamlets can issue legal proceedings to recover unpaid removal and storages charges after a vehicle has been removed for a civil parking contravention: -

"(2A) If the place from which the vehicle is removed is in an area that is a civil enforcement area
for parking contraventions, the enforcement authority is entitled to recover from any person
responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 of the Traffic Management Act 2004.

(3) Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a
simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt."

Requests:
Since April 2008 (when the TMA 2004 came into force) how many times have you issued legal proceedings using section 102(2A) powers?

Provide the procedure/guidance etc. followed by you when the owner of an unabandoned, removed/impounded vehicle cannot pay the release fee?

Since April 2008 what was the biggest release fee paid to recover an unabandoned impounded vehicle?

The current removal fee is £200.
State what was the average cost to you for each removal in 2017.
State the date that London Councils set the release fee at £200 and provide any record showing same such as committee resolution etc.

Yours faithfully,

Edward Williams

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 12093368

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Dear Mr Williams
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 10 May
2018  requesting:

Recovery of unpaid removal and storage charges following removal of a
motor vehicle

This request relates to parking. I suggest it is forwarded to the head of
parking enforcement.
Under section 102(2A) and 102(3) of the Road Traffic Regulation Act 1984
Tower Hamlets can issue legal proceedings to recover unpaid removal and
storages charges after a vehicle has been removed for a civil parking
contravention: -
"(2A) If the place from which the vehicle is removed is in an area that is
a civil enforcement area for parking contraventions, the enforcement
authority is entitled to recover from any person responsible such charges
in respect of the removal, storage and disposal of the vehicle as they may
require in accordance with Schedule 9 of the Traffic Management Act 2004.
(3) Any sum recoverable by virtue of this section shall, in England or
Wales, be recoverable as a simple contract debt in any court of competent
jurisdiction or, in the case of a sum not exceeding £20, summarily as a
civil debt."
Requests:
Since April 2008 (when the TMA 2004 came into force) how many times have
you issued legal proceedings using section 102(2A) powers?
Provide the procedure/guidance etc. followed by you when the owner of an
unabandoned, removed/impounded vehicle cannot pay the release fee?
Since April 2008 what was the biggest release fee paid to recover an
unabandoned impounded vehicle?
The current removal fee is £200.
State what was the average cost to you for each removal in 2017.
State the date that London Councils set the release fee at £200 and
provide any record showing same such as committee resolution etc.
 
We are dealing with your request under the Freedom of Information Act
2000  and we aim to send a response by 7 June 2018.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000  may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions  apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Robert Wingate
Deputy Complaints and Information Manager
Legal Services
020 7364 4148
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

London Borough of Tower Hamlets, Tower Hamlets Borough Council

1 Attachment

Information request
Our reference: 12093368

══════════════════════════════════════════════════════════════════════════

 
Dear Mr Williams
Your request for information has been considered under the requirements of
the Freedom of Information Act 2000.
I can confirm that the information requested is held by Tower Hamlets
Council and is attached to this email. 

The information has also been put on the [1]Council's Disclosure Log,
where you can also search for information supplied on other topics.

The Council's website www.towerhamlets.gov.uk contains a section on the
Freedom of Information Act that lists other publications readily available
from the Council under its Publication Scheme.

Conditions for the re-use of information where the copyright is owned by
the London Borough of Tower Hamlets can be found on our website.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
 
Complaints and Information
Town Hall
Mulberry Place
5 Clove Crescent
E14 2BG
[email address
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 01625 545 700
Website: www.ico.gov.uk 
 

Yours sincerely
 
 
Jane Jones
Admin Officer
Legal Services
020 7364 4736
[email address]
 
 

References

Visible links
1. https://towerhamletsportal.icasework.com...

Edward Williams

Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tower Hamlets Borough Council's handling of my FOI request 'Recovery of unpaid removal and storage charges following removal of a motor vehicle'.

I do not agree that an exemption claimed applies.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Edward Williams

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 12093368

══════════════════════════════════════════════════════════════════════════

 
Dear Mr Williams
 
Thank you for your request for a review received on 25 May 2018. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 22 June 2018.
 
Yours sincerely
 
 
Robert Wingate
Deputy Complaints and Information Manager
Legal Services
020 7364 4148
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 12093368

══════════════════════════════════════════════════════════════════════════

 
Dear Mr Williams
 
Thank you for your request for a review received on 25 May 2018. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 22 June 2018.
 
Yours sincerely
 
 
Robert Wingate
Deputy Complaints and Information Manager
Legal Services
020 7364 4148
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

Michael Tighe, Tower Hamlets Borough Council

1 Attachment

Dear Mr Williams

 

Please find attached the response to your FOI Review request (reference
12093368 applies) from Robert Wingate, Deputy Complaints and Information
Manager.

 

Many thanks

 

Mike Tighe

 

Mike Tighe
Complaints and Information Officer
Directorate Governance
London Borough of Tower Hamlets
Town Hall
Mulberry Place, 5 Clove Crescent
London, E14 2BG
Tel 020 7364 4354

 

 

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Edward Williams

Dear Michael Tighe,

12093368

you have 14 days to supply the information withheld (cost of removal).

After that, it's the ICO.

Yours sincerely,

Edward Williams