Decision
Approval to Award a Concession Agreement for Enforcement Agencies for the collection of unpaid Penalty Charge Notices, Council Tax and Business Rates (Rob Owen)
Decision Maker:
Outcome:
Is Key Decision?: Yes
Is Callable In?: Yes
Date of Decision: August 18, 2025
Purpose:
Content: Salford City Council – Record of Decision I Councillor Youd, Lead Member for Finance and Support Services and chairman of the Procurement Board, accept the recommendation of the Procurement Board and in exercise of the powers contained within the Council Constitution do hereby: · approve the award of a Concession Agreement for Enforcement Agencies for the collection of unpaid Penalty Charge Notices, Council Tax and Business Rates, as detailed in the tables below: Detail required Answers Title/Description of Contracted Service/Supply/Project Concession Agreement for Enforcement Agencies for the collection of unpaid Penalty Charge Notices Procurement Reference numbers (DN and CR number supplied by Procurement) S1024 Name of Successful Contractor Marston Holding Supplier Registration Number (to be supplied by Procurement 04305487 Proclass Classification No. (to be completed by procurement) 201600 Type of organisation (to be supplied by Procurement) Private Limited Company Status of Organisation (to be supplied by Procurement) Non-SME Contract Value (£) £0 per annum Total contract value £ (including extensions) £0 total project value Contract Duration 36 months Contract Start Date 29/09/2025 Contract End Date 28/09/2028 Optional Extension Period 1 12 months Optional Extension Period 2 N/A Who will approve each Extension Period? Procurement Board (extension > £150k) Contact Officer (Name & number) Andy Devine 07717 431738 Lead Service Group Place How the contract was procured? (to be supplied by procurement) Further Competition Framework Details (where applicable) (procurement body, framework reference & title, start/ end date YPO / Enforcement Agency Services / Ref 1200 / 14-05-24 to 13-05-28 Funding Source Concession Ethical Contractor (EC): Mayor’s Employment Charter No EC: Committed to sign The Mayor’s Employment Charter Yes EC: Accredited Living Wage Employer No EC: Committed to becoming Accredited Living wage Employer TBC Detail required Answers Title/Description of Contracted Service/Supply/Project Concession Agreement for Enforcement Agencies for the collection of unpaid Penalty Charge Notices Procurement Reference numbers (DN and CR number supplied by Procurement) S1024 Name of Successful Contractor Newlyn plc Supplier Registration Number (to be supplied by Procurement 03770985 Proclass Classification No. (to be completed by procurement) 201600 Type of organisation (to be supplied by Procurement) Public Limited Company Status of Organisation (to be supplied by Procurement) Non-SME Contract Value (£) £0 per annum Total contract value £ (including extensions) £0 total project value Contract Duration 36 months Contract Start Date 29/09/2025 Contract End Date 28/09/2028 Optional Extension Period 1 12 months Optional Extension Period 2 N/A Who will approve each Extension Period? Procurement Board (extension > £150k) Contact Officer (Name & number) Andy Devine 07717 431738 Lead Service Group Place How the contract was procured? (to be supplied by procurement) Further Competition Framework Details (where applicable) (procurement body, framework reference & title, start/ end date YPO / Enforcement Agency Services / Ref 1200 / 14-05-24 to 13-05-28 Funding Source Concession Ethical Contractor (EC): Mayor’s Employment Charter No EC: Committed to sign The Mayor’s Employment Charter TBC EC: Accredited Living Wage Employer No EC: Committed to becoming Accredited Living wage Employer TBC Detail required Answers Title/Description of Contracted Service/Supply/Project Concession Agreement for Enforcement Agencies for the collection of unpaid Council Tax and Business Rates and collection processes for Housing Benefit Overpayments Procurement Reference numbers (DN and CR number supplied by Procurement) S1024 Name of Successful Contractor Bristow & Sutor Supplier Registration Number (to be supplied by Procurement 01431688 Proclass Classification No. (to be completed by procurement) 201600 Type of organisation (to be supplied by Procurement) Private Limited Company Status of Organisation (to be supplied by Procurement) Non-SME Contract Value (£) £ 0 per annum Total contract value £ (including extensions) £ 0 total project value Contract Duration 36 months Contract Start Date 29/09/2025 Contract End Date 28/09/2028 Optional Extension Period 1 12 months Optional Extension Period 2 N/A Who will approve each Extension Period? Procurement Board (extension > £150k) Contact Officer (Name & number) Sue Virgin 0161 793 3108 Lead Service Group Resources and Transformation How the contract was procured? (to be supplied by procurement) Further Competition Framework Details (where applicable) (procurement body, framework reference & title, start/ end date YPO / Enforcement Agency Services / Ref 1200 / 14-05-24 to 13-05-28 Funding Source Revenue Budget Ethical Contractor (EC): Mayor’s Employment Charter Yes EC: Accredited Living Wage Employer No EC: Committed to becoming Accredited Living wage Employer TBC Detail required Answers Title/Description of Contracted Service/Supply/Project Concession Agreement for Enforcement Agencies for the collection of unpaid Council Tax and Business Rates and collection processes for Housing Benefit Overpayments Procurement Reference numbers (DN and CR number supplied by Procurement) S1024 Name of Successful Contractor Rundles & Co Ltd Supplier Registration Number (to be supplied by Procurement 03231767 Proclass Classification No. (to be completed by procurement) 201600 Type of organisation (to be supplied by Procurement) Private Limited Company Status of Organisation (to be supplied by Procurement) Non-SME Contract Value (£) £ 0 per annum Total contract value £ (including extensions) £ 0 total project value Contract Duration 36 months Contract Start Date 29/09/2025 Contract End Date 28/09/2028 Optional Extension Period 1 12 months Optional Extension Period 2 N/A Who will approve each Extension Period? Procurement Board (extension > £150k) Contact Officer (Name & number) Sue Virgin 0161 793 3108 Lead Service Group Resources and Transformation How the contract was procured? (to be supplied by procurement) Further Competition Framework Details (where applicable) (procurement body, framework reference & title, start/ end date YPO / Enforcement Agency Services / Ref 1200 / 14-05-24 to 13-05-28 Funding Source Revenue Budget Ethical Contractor (EC): Mayor’s Employment Charter Yes EC: Accredited Living Wage Employer Yes The Reasons are: Approval to go out to competition for a Concession Agreement for Enforcement Agencies was granted by the Procurement Board on 10 February 2025. This agreement covers the collection of unpaid Council Tax, Business Rates, and Traffic Enforcement Penalty Charge Notices. The use of Enforcement Agents is a necessary step in the Council’s debt recovery process, applied only after all other avenues—such as payment arrangements, deductions from earnings or benefits, and support through advice services—have been exhausted. The agents provide a nationwide service, which is essential given that many debtors may no longer reside in the city. The procurement sought agencies that not only deliver effective recovery services but also align with Salford’s commitment to social value, customer care, and support for vulnerable residents. The service requirement was shaped with input from the Citizens Advice Bureau, whose involvement helped inform our thinking, alongside insights from the Poverty Truth. a) Traffic Enforcement: In respect of the Council’s traffic enforcement functions, Civil Parking and Bus Lane Enforcement is undertaken in the City under the provisions of the Traffic Management Act, 2004 and Transport Act, 2000. The legislation also provides a set procedure for recovering outstanding Penalty Charge Notices (PCNs) from vehicle owners which is different to the recovery procedures for other debts owed to the Council. Where a motorist fails to pay a PCN within the time allowed, a charge certificate is ultimately served on the registered keeper which increases the penalty by fifty per cent. The Council increase this penalty to a maximum of £75.00, £90.00 or £105.00 depending on the type of contravention. Should the penalty continue to remain unpaid, the Council can register the debt at the Traffic Enforcement Centre (TEC) which is a unique unit attached to the County Court Bulk Centre, Northampton. It was established as a central location for the registering of unpaid PCNs in accordance with the legislation. When the penalty charge has been registered and it remains unpaid or unchallenged, the TEC can issue authority for a warrant for Execution of Recovery to be prepared. There is a £10.00 charge or debt registration fee incurred by the Council which is then added to the outstanding penalty increasing the debt to £85, £100 or £115. The warrant authorises the recovery of the debt by certificated Enforcement Agents who may ultimately resort to the seizure of property belonging to the registered keeper, usually the vehicle, which may then be sold to recover the outstanding amount and the Enforcement Agency charges. There are no charges incurred by the Council in recovering such monies other than the debt registration fee which, as stated above, is also recoverable from the debtor along with the Enforcement Agency costs. The employment of Enforcement Agencies to collect unpaid charges in relation to motoring matters is obviously a sensitive issue. It is necessary that any debt recovery operation is dealt with professionally and in a fair but firm manner by any such organisations appointed to act on behalf of the Council. It therefore follows that such companies should be experienced in this type of recovery operation. b) Council Tax and Business Rates: Enforcement Agents are only instructed for the recovery of Council Tax and Non-Domestic Rates debts after a liability order has been secured through the Magistrates’ Court. This legal step provides the Council with several recovery options, with Enforcement Agents only being considered if all reasonable efforts to secure a payment plan have been exhausted and no options to apply less intrusive recovery methods, such as attachments to earnings or benefits, particularly where financial hardship is identified, have not been possible. Throughout the recovery process, customers are encouraged to engage with the Council through multiple channels—online self-service forms, telephone support, the “Back on Track” service, and in-person assistance at Gateway centres via the BetterOff team. In addition, streamlined referral pathways with Citizens Advice Bureau (CAB) and the Welfare Rights and Debt Advice Service (WRDAS) ensure timely support for those seeking independent advice. Customers are also assessed for any applicable reductions to minimise financial strain. The tender for enforcement services places high priority on customer-focused recovery. The specification emphasised ethical engagement, support for vulnerable residents, and minimising the negative impact of enforcement. This approach has been shaped in collaboration with CAB, WRDAS, and insights from the Poverty Truth Commission, aligning with the Council’s broader commitment to tackling poverty and inequality. In line with the Council Tax Protocol, Enforcement Agents will not be used to recover debts from residents receiving Council Tax Reduction. Furthermore, all Enforcement Agent fees are charged to the debtor, not the Council, ensuring cost-efficiency. The specification demands not only technical competence but also alignment with Salford’s social values. Enforcement Agents must demonstrate a commitment to respectful engagement, fair treatment of vulnerable individuals, and transparent, supportive payment arrangements. The successful bidders are the two agencies currently contracted by Salford City Council, having delivered enforcement services for Council Tax and Non-Domestic Rates over the past five years. During this period, both agencies have collaborated closely with council officers to enhance support for vulnerable residents. This includes the development of a bespoke referral process, enabling agents to return cases to the Council where welfare concerns are identified and additional support may be required. A key outcome of this collaboration is the establishment of a unique collections partnership involving the Council, both enforcement agencies, the Welfare Rights and Debt Advice Service (WRDAS), and Citizens Advice Salford. This partnership meets regularly to ensure customer needs remain central to decision-making and to provide direct access between advice services and enforcement agents, facilitating better outcomes for those receiving support. c) Income collection: The table below illustrates the approximate income received during 2024/25 in respect of council tax, business rates and traffic enforcement. Council Tax £2.9m Non-Domestic Rates £1.2m Traffic Enforcement £296.8K Total £4.4m The income collected by enforcement agencies for 2024/25 for Traffic Enforcement, Council Tax and Non-Domestic Rates was under £4.5 million, with the cost to the Council limited to administrative fees, as Enforcement Agent charges are recovered from the debtor. This report now seeks approval to award the contract, ensuring continuity of service and alignment with the Council’s values and financial recovery objectives for the following companies based on a tender process following the Yorkshire Purchasing Organisation (YPO) established a Dynamic Purchasing System (DPS) for Enforcement Agencies through the advertisement in the European Journal and their local e procurement portal under 2 Lots. A decision was made to put each service into their own specific lot which consisted of two lots as follows: · Lot 1 - Bailiff and Enforcement Services for collection of Council Tax and Business Rates Liability Orders. · Lot 2 – Collection of Unpaid Penalty Charge Notices. A total of four enforcement agencies submitted tenders in respect of Lot 1, Council and 6 agencies submitting tenders for Lot 2. There is no pricing element applicable, hence the evaluation is based 85% on quality and the remaining 15% on Social Value. This approach ensures that the appointed providers demonstrate not only operational competence but also a strong ethical and community-oriented approach. The evaluation criteria were designed to assess the following: · Support for vulnerable customers. · Ethical enforcement practices. · Community engagement. · Complaint handling. · Sector leadership. Lot 1 was evaluated by a panel of three managers from the Council Tax team. These individuals represented different levels of management within the service, ensuring a balanced and informed assessment. All panel members have extensive experience in revenue collection and enforcement, and their collective expertise contributed to a robust and fair evaluation process. Lot 2 was evaluated by a panel of three members from Parking Services, who also have extensive experience which ensured a robust and fair evaluation process. The tables below summarises the outcome of the evaluation. Only the winning bidders are named in accordance with procurement best practice. Lot 1 Name of Bidder Quality Score (85%) Social Value Score (15%) Total Score Rank Bidder 1 31.00% 5.86% 36.86% 4 Bristow and Sutor 79.00% 7.39% 86.39% 2 Bidder 3 62.00% 11.35% 73.35% 3 Rundles & Co Ltd 80.00% 11.40% 91.40% 1 Although there is no direct financial cost to the Council, the Most Economically Advantageous Tender principle still applies in terms of achieving the best value through quality and social outcomes. The holistic value offered by Rundles and Bristow and Sutor justifies the recommendation. Lot 2 Name of Bidder Quality Score (85%) Social Value Score (15%) Total Score Rank Bidder 1 59.00% 5.73% 64.73% 6 Bidder 2 76.00% 8.20% 84.20% 4 Bidder 3 73.00% 7.98% 80.98% 5 Marston Holdings Ltd 85.00% 8.57% 93.57% 2 Newlyn Plc 85.00% 10.11% 95.11% 1 Bidder 6 76.00% 11.40% 87.40% 3 In the case of both Lots the contract will be awarded to the top two highest ranking suppliers. Cases will be referred to the suppliers on a rotational basis. Contract Duration and Extension Options The contract will be awarded for an initial period of three years, with the option to extend for up to one year (i.e. 3+1). The decision to exercise the extension option will be based on performance, as well as feedback from service users and community partners. Options considered and rejected were: Due to the nature of the Enforcement Process there were no other options considered. Social Value The tenderers were asked to consider what social value they could deliver to Salford in this contract. Below is a high-level summary of what the successful bidders’ have proposed to offer: Lot 1 · Deliver tailored employability support in partnership with Job Centre Plus in Salford. · Create new roles for Salford residents, including roles for long-term unemployed and a young person who isnot in education, employment, or training · Contribute financially to Salford City Council’s Skills for Business Apprenticeship Fund · Deliver employability support and career talks through school and college visits in Salford. · Deliver support to individuals seeking work in partnership with Salford Employment Hub · Provide student work placements in Salford. · Deliver Equality, Diversity, and Inclusion training sessions · Deliver tailored training workshops to local Voluntary, Community and Social Enterprise organisations in Salford · Provide refurbished IT equipment to support Salford City Council’s Digital First initiative, · Deliver monthly virtual workshops to support digital inclusion in Salford · Contribute financially to the city of trees initiative · Deliver expert business support to Greater Manchester Chamber of Commerce · Provide financial contribution towards local community projects in Salford. Lot 2 · Prioritise and retain staff from the local area. Prioritise recruitment within Salford with HR and SV managers engaging with Salford employment agencies to agree an advertising programme to promote this. · Commit to financing training opportunities for new Enforcement Agents on this contract via the Chartered Institute of Credit Management. · Funding to employ apprenticeship positions for Salford residents identifying apprenticeship level/ type to align with Council priorities. · Work with Salford CVS and Neighbourhood Teams to identify groups/ agree support with individual groups to ensure key practicalities/ aims are being met. · Ensure prioritisation of goods/ services to be supplied from local suppliers wherever possible over the life of the contract. · Ensure employees on this contract are provided access to wellbeing programmes to promote positive attitudes/ open discussion and give practical help ensuring healthy/ happy teams. · Provide equality/ diversity and inclusion training for staff on this contract raising awareness/ understanding of issues/ effects of inequality across Salford. · Funding made available for locally identified community health or wellbeing initiatives. · Donations or in-kind contributions to locally identified community projects. · Commit to savings in CO2 emissions on this contract to be achieved through de-carbonisation in line with company Carbon Neutral/ Net Zero Policies. · Reduce the no of miles driven in ICE powered vehicles and promote green transport policies to increase car miles driven using low or no emission staff vehicles. · Promotion of innovative measures such as delivering sessions to promote financial management and wellbeing to enable healthier, safer and more resilient communities. · Commit to a number of staff hours spent on providing support visits to local schools and colleges delivering skills such as completing job applications and guiding through the recruitment process. · Pledge a number of hours supporting unemployed people back in to work with delivery of Employability Support workshops. · Provision of expert business advice to VCEs and MSMEs. · Pledge a number of hours volunteering time to support local community projects such as Salford Food Bank and Mustard Tree. · Pledge new Carbon offset contribution against new developments from the start of the contract. · Pledge innovative measures to promote local skills and employment with sponsorship of Salford Staff Awards or community skills awards. · Pledge innovative measures to safeguard the environment via Smart Green Solutions Fund. All these measures are quantifiable and will be monitored by both SCC and the Suppliers. SV Delivery and Monitoring Team and will be reported at Client progress meetings. Further evidence of SV input into Salford will also be recorded on the National TOMS Framework. ASSESSMENT OF RISK: High – If the agreement is not approved there will be no facility to collect the outstanding debt. SOURCE OF FUNDING: This is a concession agreement therefore no funding required. LEGAL IMPLICATIONS: Parking Services element supplied by: The Shared Legal Service When commissioning contracts for the provision of goods, services or the execution of works, the Council must comply with the provisions of the Public Contracts Regulations 2015 (the Regulations) which require that contracting authorities treat candidates equally and in a non-discriminatory way and act in a transparent manner. In addition, the Council is required to comply with the requirements of its own Contractual Standing Orders (CSO’s), failing which the award of a contract may be subject to legal challenge. CSO’s stipulate that where a suitable framework exists, this must be used unless there is an auditable reason not to do so. The procurement route followed an invitation to tender by mini competition using the YPO’s Dynamic Purchasing System (DPS), which is an electronic system used for purchasing goods, services, or works, acting like a framework agreement but with the key difference that suppliers can join at any time. The Council can comply with the requirements of the Regulations by carrying out its own procurement exercise or relying upon another contracting authority's compliant procurement exercise. In that regard, contracting authorities may procure goods, works or services through a ‘central purchasing body’ (and are deemed to have complied with the Regulations to the extent that the central purchasing body has). The definition of ‘central purchasing body’ includes an authority that concludes DPS and framework agreements for works, goods or services intended for one or more contracting authorities, here the YPO. LEGAL IMPLICATIONS: Council Tax and Business Rates elements supplied by: The Shared Legal Service When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the requirements of the Public Contract regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s) failing which the decision may be subject to legal challenge from an aggrieved provider. The new Procurement Act 2023 will come into force 24th February 2025, however the Yorkshire Purchasing Organisation’s Enforcement Agency Services framework was let under the current PCR. Therefore, the PCR will be the relevant regime for the Council’s enforcement contracts let under this framework. This report confirms that a PCR complaint exercise has now been undertaken, and preferred bidders have been identified following an evaluation and scoring process as described above. Once the 10-day standstill period has expired (assuming the YPO framework prescribes this, or if the Council has volunteered to do this), then the Council can proceed to enter into Concession Contracts with the winning bidders. YPO prescribes the form of contract the parties are required to enter into. Legal Services is happy to support with the finalisation and execution of the contracts. FINANCIAL IMPLICATIONS: Parking Services element submitted 18 July 2025 by: Martin Anglesey, Accountant. Martin.anglesey@salford.gov.uk The engagement of Enforcement Agencies is a necessary component towards ensuring optimum collection of unpaid Penalty Charge Notices (PCNs). During financial year 2024/25, a net total of £300K was recovered (by Marstons and another) from hitherto outstanding debts relating to Parking / Bus Lane infringements. A rigorous enforcement policy encourages higher levels of compliance and contributes to ensuring road safety throughout the city. As Enforcement costs are covered by the respective debtor there is no expenditure incurred as net PCN income is distributed to the Council. FINANCIAL IMPLICATIONS: Council Tax and Business Rates element submitted by: Hassan Khan – Finance Manager 24.7.25 Enforcement agents are utilised after obtaining a liability order in Magistrates Court. A liability order issued by the Magistrates Court provides a Local Authority with a variety of options to recover the amount of debt owed. One of these options is the use of enforcement agents to recover unpaid debts. The cost of the enforcement agent is cost neutral as these costs are borne by the debtor as per legislation. Traffic Enforcement – once the Traffic Enforcement Centre (TEC) issue a warrant for the Execution of Recovery £10 charge or debt registration fee is incurred by the council however this is then added to the outstanding penalty notice, leading to this being cost neutral for the authority. PROCUREMENT IMPLICATIONS: Supplied by: Emma Heyes, Category Manager Salford Council’s Contractual Standing Orders states that when commissioning good or services, the use of a suitable framework should be considered unless there is an auditable reason not to do so. Yorkshire Purchasing Organisation (YPO) established a vetted Supplier List for the provision of Enforcement Agency Services which commenced on 14.05.2024 and expires on 13.05.2028. The framework was procured under Public Contracts Regulations 2015. This solution only allows for a call off contract to be put in place following a further competition. A further competition was issued using YPOs Tender Portal to all providers on the Vetted Supplier List. The procurement process outlined earlier in the report complies with the requirements of Contractual Standing Orders. Following the conclusion of the 10-day standstill period, a notice is required to be published in Contracts Finder. HR IMPLICATIONS: N/A CLIMATE CHANGE IMPLICATIONS: Supplied by: Michael Hemmingway, Principal Officer, Climate Change The winning bidder has committed to savings in CO2 emissions on this contract to be achieved through de-carbonisation in line with company Carbon Neutral/ Net Zero Policies and to reduce the number of miles driven in ICE powered vehicles in favour of using low or no emission staff vehicles and to promote green transport policies. The following documents have been used to assist the decision process: · Report to Procurement Board on 10th February 2025 Contact Officers: Sue Virgin 793 3108/ Andy Devine 07717 431738 · The Lead Member for Planning, Transport and Sustainable Development has been consulted and is supportive of the proposed contract. · The appropriate Scrutiny Committee to call-in the decision is the Growth & Prosperity Scrutiny Committee Signed: Cllr J Youd Dated: 18 August 2025. Lead Member FOR DEMOCRATIC SERVICES USE ONLY: * This decision was published on 19 August 2025 * This decision will come in force at 4.00 p.m. on 27 August 2025 unless it is called-in in accordance with the Decision Making Process Rules.
Related Meeting
Procurement Board - Monday, 18 August 2025 2.00 pm on August 18, 2025