Freedom of information response

• The official agreement or contract between the council and Redcorn Ltd granting them permission to tow untaxed vehicles within our area.

In issuing our response the Council has applied S43 of the Freedom of Information Act.  Information is exempt information if its disclosure under this Act would, or would be likely to prejudice the commercial interests of any person (including the public authority holding it).  A commercial interest relates to a person’s ability to successfully participate in a commercial activity, i.e. the purchase and the sale of goods or services.  The reasons for this have been captured below under the public interest test section.

•  The scope of the agreement, including the specific conditions and criteria for determining whether a vehicle is untaxed and eligible for removal.

Please see the attached DVLA -DPP Local Authority Instant Lift instructions attached

•  The duration of the agreement and any relevant renewal or review processes.

Contract start 01/10/2022 Contract end 30/09/2026 with a 1-year extension option

•  Any guidelines or regulations that Redcorn Ltd is required to follow while carrying out the towing operations, including provisions for ensuring fair and proper treatment of vehicle owners

Please see that the attached DVLA Codes of Practice detailing the steps to be taken when removing vehicles.

Public Interest Test:

The council have considered the public interest test in relation to section 43 (2) in releasing the information in scope of your request. The outcome of this is below.

• Public interest in disclosure:
  
  • Accountability for spending of public money. Where a public authority is purchasing goods/services there is a public interest in ensuring value for money is achieved.

• Public interest to maintain the exemption:
  
  • Releasing specific contract information may affect the company’s ability to commercially tender for the same service in the future.
  • Companies should be able to compete fairly on a level playing field. If the details of costs for services are publically available then this would put the current service provider at a commercial disadvantage should a competitor be made aware of the costs charged.
  • It will hinder the ongoing working relationship between the council and the current service provider.

Based on the above, it is the Council’s view that there is a stronger public interest to maintain the use of the exemption for section 43 (2).

You are free to use any information supplied to you for your own use, including non-commercial research purposes.  However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.

Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information.  Please email information.matters@thurrock.gov.uk if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

If you are dissatisfied with the way in which the council have managed your FOI request you can pursue an Internal Review by contacting us using the above email address. An internal review must be submitted within 40 working days of your original reply. Your request will be considered by a senior member of the Information Management Team who will update you with the outcome of the review.

If you remain unhappy following the outcome of your Internal Review you may wish to refer your case to the Information Commissioner’s Office (ICO) and details of this organisation can be found at www.ico.org.uk . Please be advised that the ICO will not consider your case until they have confirmation that you have already been through the Internal Review stage with the council.