Car Removals

Summary

The requester asked for statistics on vehicle removals in Douglas in 2017 and details on the removal procedure, including notice periods. The Department of Infrastructure disclosed the number of vehicles removed but refused to provide procedural details, citing that the information had been supplied to the requester just four weeks prior.

Key Facts

• 25 cars/vans, 1 motorcycle, and 1 trailer were removed from Douglas in 2017 for breaching parking legislation.
• The Department of Infrastructure is not legally required to serve notice to owners before removing illegally parked vehicles.
• The request for procedural information was refused because it was substantially similar to information provided to the requester on 29 January 2018.
• Vehicle removals are authorized under section 2(1)(a) of the Local Government (Miscellaneous Provisions) Act 1984.
• The Department aims to give notice but may remove vehicles earlier if parking issues require immediate resolution.

Data Disclosed

• 25 cars/vans
• 1 motorcycle
• 1 trailer
• 2017
• 20th January 2018
• 29th January 2018
• 4 weeks
• section 2(1)(a)
• section 11(3)(e)

Exemptions Cited

• s11(3)(e) of the Freedom of Information Act 2015 (vexatious or repeated requests)

Original Request

How many cars have been removed from Douglas by the DOI Parking Control Team for breaching this legislation Local Government (Miscellaneous Provisions) Act 1984 in 2017. If a car has broken the legislation, what is the procedure before the car is removed? Is there a notice period for the owner to remove the car prior to DOI removal of the vehicle? Does the DOI contact the registered owner of the vehicle prior to the removal? What is the time scale for this?

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

FOI Reference No: IM117484I Request under The Freedom of Information Act 2015 (“The Act”)

Thank you for your request dated 20th January 2018

Your request (clarification in blue italics)

1. How many cars have been removed from Douglas by the DOI Parking Control Team for breaching this legislation Local Government (Miscellaneous Provisions) Act 1984 in 2017.

2. If a car has broken the legislation, what is the procedure before the car is removed? Is there a notice period for the owner to remove the car prior to DOI removal of the vehicle?

3. Does the DOI contact the registered owner of the vehicle prior to the removal? What is the time scale for this?

All of the above, as it relates to vehicles removed for the same reason as her vehicle VEHICLE DETAILS (REDACTED) ie. vehicles removed on instruction from the parking enforcement team following the application of multiple parking tickets.

Response to your request

1. 25 cars/vans, 1 motorcycle and 1 trailer.

2. & 3. While our aim is to provide information whenever possible, under s11(3)(e) of the Act the Department is not obliged to comply with a freedom of information request where the request for information relates to information that is identical, or substantially similar, to information previously requested by, and supplied to you and a reasonable period of time has not passed between compliance with the previous request and the making of the current request.

In this case the information requested was provided to you on the 29th January 2018. In the 4 weeks since your request, our legislation or procedures have not changed.

However below is an extract of that correspondence for clarity; “The vehicle was left in contravention of the waiting restrictions applicable to the disc zone, and had been for a considerable period of time. Available parking in that particular area, is already extremely limited for residents. As a result, we try our best to support the residents with enforcement. On this occasion, we felt it necessary to remove the vehicle from the parking place to resolve the issue.

The Department has the vires to remove illegally parked vehicles from the highway under section 2(1)(a) of the Local Government (Miscellaneous Provisions) Act 1984. In such circumstances, it is not a legal requirement to serve notice to the owner advising of our intentions. Whilst we will endeavour to give notice, occasionally, the nature of the parking or issues it creates will leave us needing an earlier resolution i.e. removing the vehicle.”

Your right to request a review

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically to foi.doi@gov.im or by delivery/post to The FOI Co-ordinator, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at www.gov.im/foireview

Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or

2 Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: www.inforights.im/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at https://www.gov.im/about-the-government/freedom-of-information/

Yours sincerely

Freedom of Information Response Team