Vehicle Scrappage Scheme terms and conditions

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Terms and Conditions for the Vehicle Scrappage Scheme

Between

1. Birmingham City Council of Council House, Victoria Square, Birmingham, B1

1BB (“the Council”) and

2. the Applicant, as named in the Application (“Applicant” or “You”)

Clean Air Zone (CAZ) Vehicle Scrappage Scheme: General Terms and

Conditions

These terms and conditions apply to the Council’s CAZ Vehicle Scrappage

Scheme. The Applicant, by applying to be considered for the Scheme agrees to

comply with the following terms and conditions.

Glossary of terms

In these terms and conditions, these words will have the following meaning:

Agreement means these terms and conditions together with a completed

Application submitted through the Council’s website, including any subsequent

amendments to information provided by an Applicant made in writing to the Council

at the Council’s request, and any schedules and documents referred to.

Applicant/You means the person applying for the CAZ Vehicle Scrappage Scheme

being either the legal owner or the Registered Keeper acting with permission of the

legal owner.

Application means the completed application for participation in the CAZ Vehicle

Scrappage Scheme by the Applicant submitted to the Council through the Brum

Breathes website.

Approved Partner means TfWM

Authorised Treatment Facility (ATF): means a licenced operation for scrapping

end of life vehicles and which follows the government rules and regulations when

dismantling and disposing of scrap cars and can issue CoD’s

Benefit Offer Letter means a letter from the Department for Work and Pensions,

HM Revenue and Customs or other government department confirming the

Applicant’s entitlement to state benefits or a letter from Veterans UK confirming the

Applicants entitlement to the War Pensions Mobility Supplement.

Business Day means any day from Monday to Friday (inclusive) which is not

Christmas Day, New Year's Day, Good Friday or a statutory bank holiday

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CAZ means Clean Air zone boundary as contained in the Birmingham Clean Air

Zone Charging Order 2021 and shown on the Clean Air Zone Plan and CAZ

Boundary Plans.

CAZ Incentive(s) means either CAZ Vehicle Scrappage Scheme Option A, B or C

CAZ Vehicle Scrappage Scheme means the CAZ Incentives available to Applicants

who meet the Eligibility Criteria provided for the purpose of encouraging the removal

of Non-Compliant Vehicles in return for either a Scrappage Grant or/and Travel

Credits through TfWM

CAZ Incentive Approval Communications means any form of communications

sent by the Council to the Applicant confirming the Applicant is eligible for the CAZ

Vehicle Scrappage Scheme and the process the Applicant needs to follow

CAZ Vehicle Scrappage Scheme Option A means a grant up to the maximum of

£2000 for scrapping a Non-Compliant Vehicle

CAZ Vehicle Scrappage Scheme Option B means a grant up to the maximum of

£1,600 for scrapping a Non-Compliant Vehicle, plus £1,500 Travel Credits. The total

grant amount under this option is £3,100

CAZ Vehicle Scrappage Scheme Option C means a grant up to the maximum of

£1,000 for scrapping a Non-Compliant Vehicle, plus two £1,500 Travel Credits

(totalling £3000 in Travel Credits). The total grant amount under this option is £4,000

Compliant vehicle: a vehicle which meets the standards required of a compliant

vehicle for the purposes of a CAZ incentive if the vehicle is:

a) an electric vehicle;

b) a positive ignition vehicle that as a minimum meets the Euro 4 standards for that

specific vehicle; or

c) a compression ignition vehicle that as a minimum meets the Euro 6 standards for

that specific vehicle

Certificate of Destruction (CoD) means the official document issued by an

Authorised Treatment Facility and or the Driver and Vehicle Licensing Agency

(DVLA) confirming that a vehicle has been destroyed.

Data Protection Legislation means the Data Protection Act 2018 and the GDPR as

amended from time to time or any national replacement for such legislation

Eligibility Criteria means the criteria the Applicant must successfully meet to the

Council’s satisfaction to be eligible to participate in the CAZ Vehicle Scrappage

Scheme as set out in Schedule 1 and 2

Eligible Travel Products means the list of products that can be purchased with

Travel Credit and are contained at the TfWM web page

https://www.tfwm.org.uk/swift-and-tickets/ as may be amended and updated by

TfWM from time to time.

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GDPR means the UK General Data Protection Regulations (GDPR)

Grant Approval Email: the email sent by the Council to the Applicant confirming the

Applicant is eligible for the CAZ Vehicle Scrappage Scheme and the process the

Applicant needs to follow to receive the grant funding.

Grant Funding any funding provided to the Applicant in relation to a CAZ Incentive

Non-Compliant Vehicle a vehicle which fails to meet or exceed the standards

required of a Compliant Vehicle and for the purposes of this scheme any vehicle of

Class M

and Class N

which is used for personal use. The vehicle Classes are set

out in https://www.gov.uk/vehicle-approval/individual-vehicle-approval-manuals [Schedule 1

of the Vehicle Classes Regulations of the Road User Charging and Workplace Parking Levy

(Classes of Motor Vehicles) (England) Regulations 2001]

Parties means Birmingham City Council and the Applicant/You

Personal Data has the meaning given to it by Data Protection Legislation

Registered Keeper means the person named in section five of the vehicle’s V5C

Registration Document

Registered Owner A registered owner is usually the person or entity that is on the

government records as being the legal owner of certain vehicle.

Resident: an individual who lives within Birmingham’s Clean Air Zone (CAZ)

boundary and owns a qualifying non-compliant vehicle.

Subsidy Control Rules all the obligations and rules relating to a subsidy or a

potential subsidy provided by a public authority as detailed under the Subsidy

Control Act 2022 and/or any statutory guidance, applicable judgement, court

order, statute, statutory instrument, regulation, directive or decision as may be

applicable from time to time

Swift Account means an online account provided by TfWM, created and held by the

Applicant for the purpose of using the TfWM’s transport network.

TfWM means Transport for West Midlands which is part of the West Midlands

Combined Authority

Travel Credits mean online credits for use to purchase Eligible Travel Products

available through the Swift Account, accessible through the TfWM website.

V5C Registration Document means the V5C or vehicle registration certificate

registered with the Driver and Vehicle Licensing Agency which contains essential

information about a vehicle registered in the UK

We, Us, Our, the Council means Birmingham City Council

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Worker an individual travelling into the CAZ, in a qualifying non-compliant vehicle,

for work purposes.

General Terms and Conditions

1. By agreeing to these terms and conditions You confirm that You are the

Registered Keeper and Legal Owner of the Non-Compliant Vehicle used in

your Application. In the event that You are not the Legal Owner of the Non-

Compliant Vehicle used in your Application, You will provide evidence that

You have been authorised in writing by the legal owner(s) of any vehicle(s).

2. You agree that any information You provide may be cross referenced with

other databases of information that the Council holds, such that the Council

may verify the information You have provided and any changes to the

vehicles associated with You in the Council’s records.

3. The rights and responsibilities under these terms and conditions are for the

Parties’ benefit only and are not intended to benefit anyone else or be

enforceable by anyone else. No person other than the Parties shall have

rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of

these terms and conditions.

4. The CAZ Vehicle Scrappage Scheme will run for as long as the Council in its

absolute discretion decides the CAZ Incentives are available. For the

avoidance of doubt, the Council may remove or amend the CAZ Vehicle

Scrappage Scheme at any point.

5. We reserve the right to change these terms and conditions and will let You

know beforehand if We make any significant changes. We will not contact You

about other changes to the terms and conditions that We do not feel are

significant. Please check these terms and conditions regularly to ensure You

are familiar with the current version.

6. If We fail to enforce any of our rights under this Agreement, it does not mean

We will not have the right to enforce them in the future.

7. Both Parties agree that they will not pass on any confidential information to

anyone else unless there is a right or obligation to do so by law or if both

Parties agree.

8. You are responsible for:

a) Providing Us with correct and accurate information in order that We can

assess Your Application against the Eligibility Criteria and notifying Us of

any changes to that information.

b) Reading and acting on all communications We send You regarding Your

Application and this Agreement.

c) Making sure that Your mailbox settings for emails, including spam filters,

allow You to receive emails from Us; and the email address You provide

in Your Application must remain the same for correspondence with Us

and with Approved Partner.

d) Making sure that You register the correct contact details with Us and that

You tell Us promptly if those contact details change

e) Seeking the permission from the person, if you will be sharing the travel

credits for Option C.

f) Complying with any instructions given by Us or an Approved Partner in

respect of these terms and conditions and the CAZ Vehicle Scrappage

Scheme.

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9. You agree that We are not responsible if You fail to read and act on any

communications, We have sent You.

10. You agree to receive communications related to this Agreement from Us

electronically.

11. You agree not to send Us any material that is illegal, offensive, abusive,

defamatory, menacing, or which would breach copyright, trademark,

confidence, privacy or any other right. This also includes material which may

contain software viruses, political campaigning, advertising for business, chain

letters, mass mailings or 'spam'.

Notices

12. Any notice We give under this Agreement may be sent to the address You

have provided and may include items sent via the post, by email, or any other

electronic transmission.

13. A notice We send to You will be deemed to be served in accordance with the

following:

a) Delivered by hand, at the time of delivery

b) Posting, after two business days

c) Sent by email or other electronic transmission, if sent on a business

day before 16:30, on that day; or in any other case, on the next

business day after the day it was sent.

14. English will be the language for all communications between the Parties.

15. In all notices We will include the unique reference number allocated to You

when We receive Your CAZ Vehicle Scrappage Scheme Application.

16. We reserve the right to reject Your application to a CAZ Incentive if We have

reasonable grounds to believe that You are no longer eligible for a CAZ

Incentive (i.e. You are benefitting from a scheme to which You are no longer

entitled to as set out in the terms and conditions that You have agreed to). In

these circumstances We will write to You with the reasons for our decision.

17. You acknowledge that You cannot transfer Your CAZ Incentive to another

vehicle.

Checking information

18. At any time after We receive Your Application for a CAZ Incentive, including

after We have notified You that Your Application is accepted and/or after any

payment has been made, We may ask You for proof of eligibility for the CAZ

Incentive and/or any other information about Your vehicle for the purposes of

determining eligibility for the CAZ Vehicle Scrappage Scheme.

19. We will send You an email requesting that information which You must

provide by the date stated in that email.

20. If as a result of checks of the information provided by You, We decide that

Your Application does not fulfil Our Eligibility Criteria then We will reject Your

application and notify You accordingly.

Application and Eligibility Criteria

21. An Application must be made by the Applicant. Where the Applicant is not the

legal owner and is the Registered Keeper, the legal owner must have given

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written and signed consent to make the Application. We may require

additional evidence from the Registered Keeper that the legal owner has

given permission to submit an Application before processing the Application.

We may verify any information directly with the legal owner using the

information provided in the Application.

22. Applications will be allocated an application number based upon the date that

Applicants submit their Application. Any applicable CAZ Incentive is allocated

on a first come, first served basis. If We require any amendment to or further

information on an Application, We will put an Application on hold until the

Applicant supplies the amendment or further information and We are satisfied

with the Application. If any CAZ Incentive has been exhausted before the

Applicant supplies that amendment or additional information, We will reject

the Application.

23. An Applicant may submit one Application per the CAZ Vehicle Scrappage

Scheme and may be deemed to not be eligible if they have received a similar

grant or incentive from the West Midlands Combined Authority.

24. The information in the Application must match the licensing records, V5C

Registration Document and other documents held by Us. We will notify the

Applicant of any discrepancies We identify which the Applicant must correct

before the Application can be progressed. If the Applicant fails to provide the

required information within 14 days of it being requested, We may reject the

Application.

25. If an Applicant reapplies, the Applicant must submit a new Application with all

the required documents.

26. We will notify You of the acceptance or rejection of any application in writing

using the email address provided in Your Application. Please ensure this

email address is accurate and up to date.

The Council Post-Approval Process

27. Once We are satisfied that the Application meets the Eligibility Criteria, We

will send You CAZ Incentive Approval email.

28. You have 6 weeks from the date of the approval of your application to make a

booking to have the vehicle scrapped with a registered ATF and provide Us

with Certificate of Destruction (CoD). The Grant will be released only after

satisfactory submission of this certificate.

29. If You are unable to make a booking to have the vehicle scrapped by a

Registered ATF within 6 weeks from the date of the approval of your

application, you may submit a request to the Council to extend this deadline.

The decision to extend shall be at Council’s sole discretion.

Grant funding

30. The Grant Funding amount is subject to change at any time at the Council’s

discretion. Should the Grant Funding amount increase, an Applicant who is in

receipt of a Grant Approval Email or Grant Funding payment will not be

entitled to any further payment. All Grant Funding payments or offers of Grant

Funding are final except where the Council is entitled to withdraw Grant

Funding in accordance with this Agreement. Similarly, if Grant Funding is

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reduced or withheld, the Council reserves the right to stop further payments

being made to the Applicant in accordance with this Agreement.

31. Subject to Clause 30 the Council will pay the Grant Funding in accordance

with the CAZ Vehicle Scrappage Scheme option selected by the Applicant as

follows:

Option A Scrap a non-compliant vehicle:

Total Grant of £2,000 - BACS payment transferred directly into the

account provided by the Applicant in their Application.

Option B Scrap a non-compliant vehicle and receive a Scrappage grant

£1,600 - BACS payment transferred directly into the account provided by

the Applicant in their Application and travel credit of £1,500 paid into the

Applicant’s Swift account which is managed by TfWM

Option C Scrap a non-compliant vehicle and receive a Scrappage grant

£1,000– BACS payment transferred directly into the account provided by

the Applicant in their Application and two Travel Credits of £1,500 each

paid into the Applicant’s Swift account which is managed by TfWM.

32. The Applicant must promptly repay (and no later than 14 days) to the Council

any money incorrectly paid either as a result of an administrative error or

otherwise. This includes (without limitation) situations where either an

incorrect sum of money has been paid or where the Grant Funding has been

paid in error before all conditions attached to the Grant Funding have been

complied with by the Applicant

The Applicant’s Obligations

33.The Applicant warrants that:

a) All information provided as part of the Application is accurate and

complete and is capable of being relied upon by Us for the purposes of

assessing the Application;

b) You will inform Us if any part of the information is no longer correct within

7 days of such information no longer being correct; and

c) You will inform Us within 7 days of the vehicle being sold or ownership of

the vehicle being transferred to a family member, related entity or third

party.

34. Where You are the legal owner, You warrant that:

a) You have full capacity and authority to enter into this Agreement; and

b) You have obtained authority from the Registered Keeper where

applicable.

35. Where You are the Registered Keeper but not the legal owner, You warrant

that:

a) You have full capacity and authority to enter into this Agreement;

b) You have obtained written and signed authority from the legal owner;

and

c) You will do everything possible to ensure the legal owner complies with

any relevant obligations in this Agreement.

Rejection of the Application

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36. We may reject an Application if You do not:

a) Comply with these terms and conditions for the purpose of Your

Application

b) Scrap Your vehicle through a registered ATF and provide Us with

Certificate of Destruction within 6 weeks of your Application being

approved by Us

c) Provide any required information within 14 days of Us requesting it

37. Without prejudice to the Council’s other rights and remedies, the Council may

at its absolute discretion reduce, suspend or withhold the value of the CAZ

incentive or require all or part of any CAZ Incentive to be repaid by You where

You fail to comply with these terms and conditions.

38. Where We find that You are in breach of these terms and conditions, including,

(but not limited to), fraudulent or inaccurate applications, We may seek

recovery of any CAZ Incentive and may bring legal proceedings against the

legal owner and/or Registered Keeper named in Your Application.

39. You must repay to the Council any value of CAZ Incentive which (in the

Council’s opinion) has been incorrectly paid, within 14 days of the Council

notifying You to do so.

40. Where the Council reject an Application the Applicant who continues to meet

the Eligibility Criteria may reapply in respect of the same vehicle for the CAZ

Vehicle Scrappage Scheme by submitting a new application provided the none

of the circumstances in clauses 36-39 above apply.

Liability

41. We are not responsible to You or any other party whatsoever for (including but

not limited to) any losses, costs, claims, damages, demands, expenses,

liabilities, proceedings or judgments resulting from participation in the CAZ

Vehicle Scrappage Scheme. This clause applies whether or not the Application

is successful.

42. We will not be liable for any costs incurred prior to approval of the application.

43. Once you have selected one of the CAZ Vehicle Scrappage Scheme Options

and approached a Registered ATF, the Council accepts no liability for any

agreements and/or arrangements made between You and the Registered ATF.

44. You understand that once a vehicle has been scrapped through a Registered

ATF, the Council will not be able to return this vehicle to the Applicant and will

not be liable for any mistake made on the part of the Applicant.

Records and Evidence

45. You will keep accurate records of any documents submitted to Us in relation to

Your Application and evidence of receipt of any Grant Funding received from

Us.

46. You will respond promptly to all reasonable requests for assistance from Us to

enable compliance with all applicable statutory requirements.

Subsidy Control Act 2022

47. Grant Funding will be subject to the Subsidy Control Rules. The Grant

Funding will only be payable as against incurred eligible costs and up to the

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maximum subsidy threshold as permitted by the Subsidy Control Rules, taking

into account current received subsidies upon deduction, as against such

costs.

48. In accepting the Grant Funding, the Applicant will comply with the Subsidy

Control Rules and fully cooperate with the Council concerning any procedures

in relation to the Subsidy Control Rules.

49. If the Applicant is in breach of Clause 48, or the provision of the grant funding

itself is deemed (by an appropriate authority) to breach the Subsidy Control

Rules, the Council may at its absolute discretion reduce, suspend or withhold

the Grant Funding, or require all or part of the Grant Funding (together with

applicable interest as provided for under the Subsidy Control Rules) to be

repaid by the applicant.

50. If the Council requires any part of the grant funding to be repaid in accordance

with clause 49, the legal owner will repay the required sum and applicable

interest within 28 days of a request by the Council.

Benefit Disclaimer

51. Some low income, means-tested benefits are affected by the amount of

money you receive or have in savings. A payment of Grant Funding to You

under CAZ Vehicle Scrappage Scheme may be treated as savings/ earning

for any means-tested benefits You claim. If the Grant Funding is treated as

savings, and takes You over the permitted savings limit, your benefit claims

may be affected. It is recommended that you seek external advice and

guidance. The Council and Clean Air Zone team will have no liability to You if

a payment of Grant Funding affects any means-tested benefits You receive

now or in the future.

Data Protection

52. The Council will comply with all its obligations under the Data Protection

Legislation and will only process the Personal Data of the legal owner and

Registered Keeper to administer the CAZ Vehicle Scrappage Scheme

including for the purposes of assessing eligibility for the scheme.

53. The Council may share Personal Data with, or receive Personal data from,

Transport for West Midlands, which is part of the West Midlands Combined

Authority for the purposes of monitoring applications that are available from

the West Midlands Combined Authority and where an Applicant may be

deemed ineligible for a CAZ Vehicle Scrappage Scheme on the basis of

having already received a CAZ Incentive from such schemes.

Governing Law

54. This Agreement will be governed by and construed in accordance with the

laws of England and Wales.

55. The courts of England and Wales are to have exclusive jurisdiction to settle

any disputes or claims (including non-contractual disputes or claims) that may

arise out of or in connection with this Agreement.

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Entire Agreement

56. This Agreement constitutes the entire agreement between the Council and the

Applicant and supersedes and extinguishes all previous agreements,

promises, assurances, warranties, representations and understandings

between them, whether written or oral, relating to its subject matter.

57. The Council and the Applicant agree that they will have no remedies in

respect of any statement, representation, assurance or warranty (whether

made innocently or negligently) that is not set out in this Agreement. Both the

Council and the Applicant agree that it will have no claim for innocent or

negligent misrepresentation based on any statement in this Agreement.

58. In the event of any conflict between these terms and conditions and any other

documents which form part of the Application these terms and conditions shall

take precedent.

Third Party Rights

59. Save that the Registered Keeper or legal owner, where they are not the

Applicant, may enforce their rights under this Agreement in accordance with

the Contracts (Rights of Third Parties) Act 1999, the Parties do not intend that

any of the terms of the Agreement will be enforceable by virtue of the Contract

(Rights of Third Parties) Act 1999 by any person not a party to it.

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Schedule 1 – CAZ Worker Eligibility Criteria

This schedule details the three options that collectively comprise the CAZ Vehicle

Scrappage Scheme. This Schedule 1 is for Applicants who meet the criteria for a

CAZ Worker only and should be read in conjunction with the General Terms and

Conditions.

Eligibility Criteria

• You will need to have been the Registered Keeper of the Non-Compliant

Vehicle since 1

June 2021

• The vehicle must be registered in the United Kingdom

• The vehicle must not be licensed as a Taxi or Private Hire vehicle

• You must be employed by a business located within the CAZ, or if You are

self-employed Your business must be located within the CAZ

• You must earn £32,000 or less per year

• You must be working for a minimum of 18 hours per week in the CAZ

• The non-compliant vehicle must be road worthy

Evidence Required

• Proof of employment within the CAZ

A letter from your employer on headed paper confirming you work at least 18

hours per week at premises within CAZ. Please use our example letter as a

template to ensure you provide all of the relevant information.

• Proof of Income

You will need to provide evidence that Your earnings are £32,000.00 or less

per year by providing either:

Please provide ONE of the following as evidence:

➢ P60 for the previous tax year

➢ Payslip dated within the last 3 months

➢ Current year’s Tax return if self-employed.

➢ Benefit Offer Letter, if applicable

• Proof of vehicle ownership and road worthiness

➢ V5C – Document in its entirety (4 pages); the details provided in the

document should match those provided in the application.

➢ eV948 certificate - If the vehicle registration is a private number.

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and

➢ Insurance - Valid insurance document.

and

➢ MOT – current MOT certificate (status check undertaken by the Council

using the government website https://www.gov.uk/check-mot-status)

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Schedule 2 – CAZ Resident Eligibility Criteria

This schedule details the three options that collectively comprise the CAZ Vehicle

Scrappage Scheme. This Schedule 2 is for Applicants who meet the criteria for a

CAZ Resident only and should be read in conjunction with the General Terms and

Conditions.

Eligibility Criteria:

• You will need to have been the Registered Keeper of the Non-Compliant

Vehicle since 1

June 2021

• The vehicle must be registered in the United Kingdom

• The vehicle must not be licensed as a Taxi or Private Hire vehicle

• You live within the boundary of the Clean Air Zone

• You are in receipt of one or more benefit(s) within the last 12 months as set

out in the Benefit Offer Letter

• The non-compliant vehicle must be road worthy

Evidence Required

• Proof of residence

Please provide ONE of the following as evidence:

➢ Utility bill dated within the last 3 months.

➢ Bank Statement dated within the last 3 months.

➢ Council Tax bill dated within the last 12 months.

➢ Valid driving licence.

• Proof of vehicle ownership and road worthiness

➢ V5C – Document in its entirety (4 pages) ; the details provided in the

document should match those provided in the application.

➢ eV948 certificate - If the vehicle registration is a private number.

and

➢ Insurance - Valid insurance document.

and

➢ MOT – current MOT certificate (status check undertaken by the Council

using the government website https://www.gov.uk/check-mot-status)

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• Proof of Benefit(s)

➢ Benefit Offer Letter