Lewisham PCN - contravention 82-parked after the expiry of paid for time. increased from £40 to £120+

[king100]

Council is wholly responsible for bailiffs, just as if I contracted you for a job, I can tell you what to do!!! If they won't put it in writing then record the call, when the bailiff adds his fees and he will, tell him that he needs to accept a payment plan and he can't add any fees apart from rhe 1st letter at £11.20. He won't be very happy.

 

Record them telling you that, get her name.

 

Record it, record it.

 

Think you get my message

[confusedbunny]

ok, i wil call her bk tomorrow and record it!

[Jamberson]

The bailiffs are charged with collecting the debt. How they go about it is up to them. It's an internal matter for the company in question. Councils do not tell them how to do their work.

 

@confusedbunny - if you can make part payment now, then yes. It will start getting the amount you owe down. The only benefit of a confirmed payment plan is the extended time - but you can pay bit by bit of your own volition. Whether you can pay it all off before a warrant is issued... that's another matter.

[green_and_mean]

The bailiffs are charged with collecting the debt. How they go about it is up to them. It's an internal matter for the company in question. Councils do not tell them how to do their work.

 

 

You can keep saying it but it doesn't make it true!! Below is the tender for Camdens baliff contract I draw your attention to the bit I highlighted in red.

 

 

LONDON BOROUGH OF CAMDEN

WARD:

All

REPORT TITLE:

PARKING SERVICES BAILIFF CONTRACT TENDER (CENV/2007/59)

 

 

REPORT OF:

The Director of Culture and Environment

 

FOR SUBMISSION TO:

Executive

DATE:

25 April 2007

 

SUMMARY OF REPORT:

 

This report outlines the options available for the procurement of bailiff services for the collection of debts associated with unpaid penalty charge notices in relation to parking offences and recommends the contracting strategy to secure the best collection rates, whilst maintaining acceptable standards of customer care. This report is required as the Executive needs to approve the contract award strategy for revenue contracts in excess of £500,000 (in accordance with Contract Standing Order 3.2)

Local Government Act 1972 – Access to Information

The following items were used in the preparation of this report:

 

No documents that require listing have been used in the preparation of this report.

Contact Officers: Rudy Bright / Andrea Collins

Parking Services

100 St Pancras Way

Camden

NW1 9NF

Telephone: 020 7974 4678 / 4608

 

E-mail: ## [email protected] / [email protected] .uk

 

RECOMMENDATION:

 

The Executive is asked:

To approve the contract tender award strategy for the provision of bailiff services for the enforcement of parking debts as set out in section 3 and 4 of the report.

 

 

 

 

 

 

 

Signed byDirector/Assistant Director: ……..…………………………

Date: ……………………………….

1.0 PURPOSE OF THE REPORT

 

1.1 The purpose of this report is to seek authorisation for the proposed tendering

strategy to procure bailiff services for the collection of parking related debts.

 

 

2.0 BACKGROUND

 

2.1 Under the Road Traffic Act 1991 (as amended), if the registered keeper of a vehicle issued with a Penalty Charge Notice (PCN) following a contravention of the established regulations does not pay or make valid representations resulting in the cancellation of the case, it will progress to a stage where the Council obtains a “warrant of execution” by application to the Traffic Enforcement Centre. Once a warrant has been issued, the Council has the legal authority to refer the case to a bailiff company for the purposes of pursuing collection of said debt. The main method used by the bailiffs to obtain payment is the “levy of distress”. This is a legal process whereby certificated bailiffs can, after firstly attempting to seek payment, take possessions of the debtor for sale at an auction and use any proceeds from the sale towards settlement of the bill.

2.2 During the year 2006/2007, in excess of 64,000 warrants of execution will have been passed to the bailiffs. Use of bailiffs is the most common enforcement method at the later stages of progression, as non-paying customers tend to avoid making contact with the Council, ruling out any alternative options. In many instances the bailiffs are able to secure payment without needing to seize the property of the debtor.

 

2.3 Bailiff firms are also used for other activities such as tracing customers who cannot be traced by the Council and employ the wide use of Automatic Number Plate Recognition (ANPR) across London to track vehicles with outstanding warrants. The bailiff firms are required to act in accordance with a code of conduct imposed by the Council (see appendix one) and observe the Council’s complaints procedure by submitting reports to the Council on request. Bailiffs will also expected to operate according to best practice as defined in the ‘National Standards for Enforcement Agents’, produced by the Lord Chancellors Office, and designed to improve professionalism across the

whole sector. This can be reviewed at: http://www.dca.gov.uk/enforcement/agents02.htm#part4

2.4 There is no cost to the Council for this contract as the execution of warrants is self financing, meaning that the bailiffs derive their income not from by payment by the Council but by charging fees to the debtor. The fees applicable to the enforcement of parking warrants are set out in Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 No. 2072 (L17)(as amended). See 3.3 and appendix 2 for further details on capped fees.

 

2.5 Currently, Parking Services uses four companies for the provision of these services and these contracts are due to expire on 31 October 2007. The current bailiff companies are:

 

Drakes Group

Equita

Newlyn Collections

TASK Enforcement

 

It is likely that the practice of using multiple bailiff companies will be retained as this spreads the workload and increases the likelihood of recovery. No guarantee is given to the current companies as to what proportion of work they will be given, and poor performance has in the past resulted in the reduction or cessation of warrants issued to them for collection.

2.6 It is intended that the Council enter into a five-year contract with each company with an additional option to extend for two years on an annual basis. The total value of the income to the Council over the first five years is estimated to be in excess of £7,000,000. This figure has been calculated based on historical annual collection income, which has increased year on year since 2003/2004.

 

 

3.0 THE NEW CONTRACTS

 

3.1 The new contracts will be based on the quality and performance of the service with a variety of indicators that will be used to measure the achievement of the successful bailiff companies. Officers have been closely reviewing the performance of bailiff services currently provided, and employed operational changes to address areas of concern. Officers intend to adopt a variety of new directives that can be contractually enforced throughout the term of the contract.

3.2 Specifications will be adopted to address identifiable causes for concern.

 

Officers have implemented an undertaking requiring bailiff companies to record the evidence of and produce ‘proof of posting’ for all first letters sent to debtors. This is being closely monitored and the approach will be incorporated formally and retained as an ongoing requirement.

 

There is a need to have evidence to prove that a bailiff has made a visit when stated. Successful bailiff companies should be able to provide substantiated retrospective tracking evidence for every visit made. This is to combat the number of debtors who claim that no visits have occurred. This will have a dual impact. Firstly it will help to ensure that bailiffs have undertaken all visits charged for and secondly it will aim to reduce the number of claims suggesting visits were not made.

 

Officers will be defining the fees that bailiffs can charge and when they will be able to apply them. These fees will be capped to a maximum of £250.00 exclusive of VAT, whereby the debtor pays the outstanding balance no later than immediately following the attendance to remove. This will assist in ensuring structured application of fees however will not apply to persistent evaders. A table of fees for each stage or progression, and further detail as to how to interpret capped fees is attached in appendix 2 for reference.

 

 

 

3.2 Indicators that will be relied on to measure performance follow:

 

The percentage of warrants on which full or part payment is received (excluding bailiff statutory fees) in relation to the number of instructions to execute warrants.

 

The percentage of monies recovered and paid to the Council in relation to the total amount of debt passed to the bailiffs by way of instruction to execute warrants.

 

The percentage of charges levied and recovered by the bailiffs in respect of associated warrants.

 

The time taken to recover debt owed to the Council.

 

The number, type and severity of complaints received from:

Debtors

Members of the public

Other contractors of Camden Council

Members of Camden Council

Officers of Camden Council

 

 

4.0 THE TENDERING PROCESS

4.1 At present 4 bailiff companies are contracted to receive warrants from Camden for the recovery of parking debts. Parking Services intend to advertise the contract in Civil Enforcement News, a British Parking Association publication. This publication is widely read across the bailiff industry by companies operating in this area of debt collection and has a classified section dedicated to tenders. There is no requirement to advertise in the Official Journal of the European Union (OJEU) under the EU Procurement Regulations, as bailiff services are exempt from the full requirements of tendering under the relevant regulations. In addition to this the tender process complies with Camden Council’s Contract Standing Orders and Procurement Code of Practice.

4.2 It is intended that a restricted tendering process to shortlist applicants be used.

This process involves the completion of a pre-qualification questionnaire submitted at the time of returning an Expression of Interest. An evaluation will be carried out on each company with regard to financial standing, equalities issues, technical capability, experience and their quality control procedures such as codes of conduct and dealing with complaints. Managers from within Parking Services, together with the Head of Service, will carry out the evaluation with assistance from the C & E Finance staff and the Strategic Procurement Unit.

 

4.3 Companies short-listed will be sent a tender invitation pack containing the specification and draft contract. Once returned, the tenders will be evaluated based on the most economically advantageous tender. The criteria used to identify the most economically advantageous tenders will be as follows with more detailed information regarding the criteria and weighting shown in appendix three:

 

Experience & Expertise of the company

Success of collection rates of Road Traffic Debt (%)

Bailiff training and ability to retain bailiffs on contract

Bailiff Network (number and coverage across the UK)

Complaint management procedures and processes

Ability to assist in key operations addressing persistent evaders

Quality assurance and other quality standards

Equal Employment Opportunities and Valuing Diversity policies

 

4.4 As there is no cost to the Council for this contract because the execution of warrants is self financing, and Camden will be specifying exactly what the bailiffs are able to apply by way of charges, the evaluation of price will be considered a pre-requisite. Therefore this is a pass/fail criteria and the company must be able to demonstrate that they are committed and able to work within the pricing structure, detailed in appendix 2. This will allow the maximum consideration through the graded evaluation criteria to focus on the quality of service that is provided.

 

 

5.0 SELECTION

 

5.1 It is proposed that a minimum of 4 companies providing the most economically advantageous tenders will be selected by the evaluation panel to manage the recovery of the Council’s parking related debt by providing bailiff services and a recommendation of award of the contract to the Executive will then be made.

 

 

6.0 TIMETABLE

 

Activity

Deadline

Approval to go to Tender

25 April 2007

Place advertisements

27 April 2007

Closing Date for EOI and PQQ

11 June 2007

Shortlist drawn up and Invitations to Tender sent out

02 July 2007

Closing date for Tenders

13 August 2007

Evaluation, Interviews and Toll Gate 2

17 September 2007

Contract Award at the Executive

31 October 2007

Implementation Date

03 December 2007

 

 

 

7.0 EXTENSION OF ONE OF THE CURRENT CONTRACTS

 

7.1 The four contracts currently in place expire on 31 October 2007. Three have been previously extended on 2 occasions for a further year each time. These contracts no longer allow for any further extensions. The fourth contract was commissioned to allow NCP (TASK Enforcement) to provide bailiff services to run alongside the previous extension of the existing Bailiff Services Contracts, up to a maximum of 12 months, prior to a formal tendering process in 2007. There is an opportunity within this contract to allow for an extension of up to 12 months following its expiry.

 

7.2 It is intended that for the period between 01 November 2007 and 02 December 2007 that the contract with TASK Enforcement be extended so that the Council can continue to enforce against new warrants that are authorised during this period, and to prevent the Council from being in a position of having no contracted bailiff services available. A separate report will be submitted to the Chief Officer for this proposed extension.

 

 

8.0 COMMENTS OF THE DIRECTOR OF FINANCE

 

8.1 The report seeks approval to embark on a tender process; there will be a further report outlining the results of the tender process.

 

8.2 The tender process needs to include both value for money for the Council, and the ‘better and cheaper’ efficiency agenda in proceeding through the tender process.

 

 

9.0 COMMENTS OF THE HEAD OF LEGAL SERVICES

9.1 The Head of Legal Services (Acting) has reviewed this report and legal comments are incorporated into this report.

 

9.2 Tendering the contracts in this way will secure compliance with the Council’s Contract Standing Orders.

 

9.3 Before agreeing to the recommendations in this report, Members need to be satisfied that tendering the new contracts in this way will secure best value for the Council and will achieve value for money.

 

 

APPENDIX 1 - THE BAILIFFS’ CODE OF CONDUCT

 

The Contractor will levy distress in a humane, firm but fair manner. Any action taken should comply with the legislation in force at the time.

 

The Council’s policy is to seek to recover the debt as quickly as reasonably practicable without imposing undue hardship. The policy is not to recover the debt at all costs.

 

All staff employed by the Contractor should behave in a manner befitting the Council at all times.

 

The Contractor’s staff should be courteous and act in a responsible manner. The Bailiff should maintain an acceptable standard of dress, consistent with the provision of a professional service.

 

The Contractor must comply with the Data ProtectionAct 1984/Data Protection Act 1998 and the Computer Misuse Act 1990.

 

The Contractor will comply with any instructions given by the Council’s Representative.

 

A Bailiff attending premises on behalf of the Council must carry proof of his/her identity (in the form of an identity card, which includes a photograph) and the Warrant issued by the Council instructing them to recover the debt.

 

Bailiffs should not pose as employees of the Council. When visiting premises in pursuit of their duties they are required to advise the debtor that they are Bailiffs who have been instructed to collect the debt owed to the Council.

 

All standard letters/forms issued by the Contractor must be legally correct and in plain English.

 

The name of the Bailiff who has attended premises should be made clear on all documentation left with the debtor.

 

All hand written communication should be clearly legible, with contact reference, telephone numbers and out of hours instructions.

 

All letters are to be answered within 10 Working Days.

 

All information acquired by the Contractor during the course of the performance of duties must be kept confidential between the Council and the Contractor.

 

The Council must have access to any or all information held by the Contractor in connection with this Contract

 

The Contractor’s call centre will answer calls within 5 rings, be courteous, helpful and pro-active; they must always give their name and call reference and must take appropriate case notes on each call.

 

The Contractor will ensure that debtors are provided with a telephone number through which the Contractor can be contacted.

The Contractor must determine whether the debtor still resides at the premises before attempting to levy distress.

 

If a person who appears to be under the age of 18 answers the door the Bailiff should try to determine whether an adult is in the property and available to speak but if not the Bailiff should call back another time.

 

Any documentation should be left in a sealed envelope.

 

Before levying distress, the Contractor will ensure that the goods concerned actually belong to the debtor.

 

The Contractor will not levy distress on any items exempted by regulations in force at the time.

 

The Council expects the Contractor to follow guidelines laid down by any relevant professional bodies and comply with relevant laws and regulations.

 

Any contentious issues or problem cases should be brought to the attention of the Council’s Representative so that they may be discussed and the most appropriate solution reached.

 

This Code will be reviewed and updated throughout the term of the Contract.

 

APPENDIX 2 - CHARGING STRUCTURE FOR BAILIFF FEES

The Lord Chancellors Office defines the fees that are applicable. They state that for visit fees, the balance that can be charged is based on a percentage of the outstanding sum due. The table below identifies the 3 most common balances due when a case is passed to the bailiffs and tracks the application of fees and VAT respectively.

PCN Sum Due

 

£105.00

£125.00

£155.00

Letter Fee

 

£11.20

£11.20

£11.20

[email protected]%

 

£1.96

£1.96

£1.96

Total Due

 

£118.16

£138.16

£168.16

 

1st Visit Fee

 

£32.54

£38.14

£46.54

[email protected]% (Letter & 1st Visit)

 

£5.69

£6.67

£8.14

Total Due

 

£156.39

£182.97

£222.84

 

2nd Visit

 

£41.65

£48.81

£56.70

[email protected]% (Letter, 1st & 2nd Visit)

 

£7.29

£8.54

£9.92

Total Due

 

£205.33

£240.33

£289.47

 

3rd Visit

 

£53.31

£57.27

£59.82

[email protected]% (Letter, 1st, 2nd & 3rd Visit)

 

£9.33

£10.02

£10.47

Total Due

 

£267.97

£307.62

£359.76

 

Fees Total (No VAT Letter & 3 Visits)

 

£138.70

£155.42

£174.26

[email protected]%

 

£24.27

£27.20

£30.50

Fees Total (incl VAT)

 

£162.97

£182.62

£204.76

 

ATR (Attendance to Remove)

 

£120.00

£120.00

£120.00

[email protected]%

 

£21.00

£21.00

£21.00

Fees Total

 

£303.97

£323.62

£345.76

 

Fees Total (incl ATR)

 

£258.70

£275.42

£294.26

[email protected]%

 

£45.27

£48.20

£51.50

Total Fees

 

£303.97

£323.62

£345.76

Penalty Charge Notice Value

 

£105.00

£125.00

£155.00

GRAND TOTAL (incl VAT)

 

£408.97

£448.62

£500.76

 

Capped Fees

 

£250.00

£250.00

£250.00

[email protected]%

 

£43.75

£43.75

£43.75

Total Fees

 

£293.75

£293.75

£293.75

Penalty Charge Notice Value

 

£105.00

£125.00

£155.00

GRAND TOTAL (incl VAT)

 

£398.75

£418.75

£448.75

 

Saving

 

£10.22

£29.87

£52.01

 

 

Following the first letter, if a bailiff calls 3 times and attends to remove the vehicle, the cap would come into effect. The total fees due at this stage are £294.26 exclusive of VAT, for a case where £155.00 is owed to the Council. However, under the cap, the debtor will only pay £250.00 exclusive of VAT.

If the debtor does not pay the outstanding balance prior to the removal of the vehicle, additional fees will be charged and the cap will no longer apply. These fees can include the costs associated with immobilising by way of clamp, tow truck, cancellation of tow truck, and daily storage fees. All charges will be finalised in the contract specification.

 

APPENDIX 3 - PARKING SERVICES BAILIFF TENDER EVALUATION CRITERIA

 

 

 

Max Score

Criteria 1: Experience & Expertise

 

80

Current & previous contracts

 

20

Road Traffic Debt contracts

 

20

Scale of operation

 

20

Fit for purpose

 

20

 

 

Criteria 2: Success of collection rates of Road Traffic Debt (%)

 

20

Efficient collection rate as % of work

 

20

 

 

Criteria 3: Bailiff training and ability to retain bailiffs on contract

 

20

Training and qualifications offered

 

10

Personnel retention over time

 

10

 

 

Criteria 4: Bailiff Network

 

20

Number of bailiffs

 

10

Coverage across UK

 

10

 

 

Criteria 5: Complaint management procedures and processes

 

20

Numbers of upheld complaints

 

10

Complaint management protocol

 

10

 

 

Criteria 6: Ability to assist in key operations addressing persistent evaders

 

20

Experience of previous operations

 

10

Resources available

 

10

 

 

Criteria 7: Quality assurance and other quality standards

 

40

Evidence of registration to relevant quality standards/associations

 

10

IT Systems: Ability to receive and remit to requirements of ICPS.

 

10

IT Systems: Adequate backup in case of failure, internal check and recovery procedures

 

10

Ability to satisfy Proof of Posting requirements

 

10

Ability to provide substantiated retrospective tracking

 

10

 

 

Criteria 8: Equal Employment Opportunities and Valuing Diversity policies

 

20

Equal Employment Opportunities

 

10

Valuing Diversity

 

10

[king100]

No just get the council to admit on the phone that all you will be charged is the 1st letter fee. As bailiffs take their orders from the council.

[Raykay]

Call me cynical, but I wonder if the first contact that the OP has with the bailiffs, if he lets it go that far, is a visit from them saying "of course we sent you a letter but you didn't reply, so now you owe us £XXX". Which neatly sidesteps any agreement they may have with the council.

[Jamberson]

In a case like this, the council will not instruct the bailiff on how to collect. They reserve the right to instruct bailiffs, but in practice they don't, unless particular issues arise and they identify a need for intervention.

 

Collecting debts is complex and unpredictable - people can play cat and mouse, plead hardship, tell lies, in fact - anything in their power to try and escape paying. As a result, councils couldn't possible give bailiffs instructions on how to collect. It's the bailiff's business whether things like payment plans are granted, and unless the council takes it upon itself to intervene for some reason, they won't touch the case after the warrant has gone.

 

The issue here is whether the council - who are refusing a payment plan now, pre-warrant - are likely to involve themselves in this specific case, to tell the bailiff that they have to grant one whether they want to or not. It's just not going to happen.

[confusedbunny]

ok, I have now recorded the telephone conversation and advised the same by a different staff member! clearly stating that as long as i respond to the 1st bailiff letter and arrange instalement (which they will accept for all lewisham PCN's) i will NOT incur bailiff fee's and will 100% pay £127 in instalements. I explained that what if i not not recieve the 1st bailiff the letter even if the bailiff declares they sent it so they can add cost, he informed me to telephone lewisham back 3 weeks after recieving notice from the court to get the bailiff name and contact them directly.....

[sailor sam]

Why don't you pay an installment on line direct to the council web site? Once accepted, surely then you have (by default) an installment arrangement?

[confusedbunny]

They said they do not offer this facility/service.....Its disgusting to be honest to have it go via the court when i am saying, i am willing to pay but just cant all in one go! I tried making "part-payment" on the 24 hour payment line but there is only one option to press for "full payment"..........

[dx100uk]

our council like many offer a phone line payment

1 for ctax

2 for rent

3. for parking fines

 

have a look on their website.

 

dx

[sailor sam]

I see there is a facility to pay parking fines on their website; https://www.e-paycobalt.com/lewisham have you tried that? Alternatively you could go into a local council office and fill out a paying in slip using the PCN number as the reference. The staff may take a payment from you that way without checking but once it has been accepted, your problem should be solved! Worth a try!

[confusedbunny]

Oh, what a mare this is! Living hand to mouth right now and having to deal with this, running round in circles! I cannot pay via there website......What i propose to pay weekly, i think i will save from now and await for the statutory declaration from the court and dispute this as my request for a review was ignored!(if it doesn't go in my favour then at least i have some money to pay off what i can!),

[green_and_mean]

Paying a part payment to the Council online is pointless the remainder is still owed and the baliffs will just come around asking for the outstanding amount, you cannot just decide to pay in installments.

[sailor sam]

Why not? If they accept an instalment then it could be argued that they have agreed to accept instalments. Obviously the OP would need pay an instalment right away and keep the receipts to show the bailiffs if they attend. Providing the OP ensures that regular payments are made, I don't see what the bailiffs can do. This is perhaps why the council say they won't accept instalments as by doing so will prejudice their position legally. The OP may like to consult CAB first though and get face to face advice.

[green_and_mean]

Complete rubbish you cannot just make up your own instalment plan the debt is still outstanding all you are doing is getting the OP into a worse situation.

[confusedbunny]

update-i recieved a letter today from the council saying that the £120 is still outstanding and they plan to send a "witness form" for northampton county court, but i understand i cant argue this anymore according to this letter as they have followed procedures and decision final, is this right? can i not appeal on court form as they are actively promoting that i should have drove my car while i was light headed and risked injury to other pedistrians and other road users, disgusting!!

 

if i have to pay in full then i will have to borrow the £120 as i dont want it inceasing anymore......at end of the letter it states that a further £60 was added (so now £180) due to:

 

"the PCN was returned by bank "refer to drawer" and amount is now £180 (increase of further 50%)"

 

what a load of rubbish! i never made any arrangement via a bank or anything, what is this and how do i dispute it?

[Jamberson]

The £180 is very odd. I think you need to call them and clarify where they got this figure. If they have stated in writing that you owe that much, when the amount on the Charge Certificate was £120, then you can escalate this as a complaint over impropriety, but it won't get you out of the situation.

 

Although you were persuaded not to make part payments on the basis that "you can't set up your own payment plan", if you had paid, say £20 a week since you first posted here, you'd owe considerably less today.

 

What can you do? I would repeat my advice before - make an appointment with someone senior and get an agreement in place. Don't rely on telephone staff deciding. Go to the top and try and co-operate with them and find a way forward before it escalates further.

[green_and_mean]

You cannot get a PCN in London for £40! It was probaly £120 (discount £60) which has now risen with charge certificate to £180.

[confusedbunny]

No, it was:

 

PCN £80 (reduced to £40 if paid within 14 days)

Charge certificate £40

"refer to banker" fee £60 (liars, i never arranged anything of the sort!)

 

I couldnt get through so i have written to them to remove the £60 and confirm £120, I havent said in letter but once they confirm its £120 i will just pay it, such a headache.........what a cheek though about the £60!

[Jamberson]

I wouldn't think that charge can be added to the PCN. I would think the PCN is still £120, and that this fee is separate - in which case, there's no point waiting for a reply to your letter - you may as well pay the £120 now and get that part of it finished with.

[confusedbunny]

i agree, i sent them a letter disputed the added £60 but i will pay the £120 next week and still await there reply....