Freedom of Information (FOI) Act 2000: Request for information

Thank you for your request for information that was logged on 10 August 2009. You have requested the following information:

Westminster Council have stated that motorcycles will have their first parking offence cancelled.

In response to your request, I can advise you of the following:

A Motorist's parking ticket history is accumulated and stored on a secure computerized database and is accessible to all Parking Services personnel. The methods by which this data is accessed can, however, vary. For example:

When a Penalty Charge Notice (PCN) is issued to a vehicle, among the first details recorded are that of the Vehicle Registration Mark (VRM). This information is then later used to identify who the registered keeper of the vehicle is. The most convenient way for Parking Services to access a motorist's ticket history is by either the VRM or the reference number that is assigned to the PCN itself.

Parking Services can also access a motorist's ticket history using the individual's particulars, such as their name and address. However, a motorist's records can only be accessed this way, once the details of the registered keeper are obtained from the DVLA. This is an automatic process, which occurs approximately 14 days after the PCN has been issued.

Nevertheless, access of a motorist's ticket history, using this method (i.e. name and address) is not always the most practical way of identifying how many PCNs an individual has accumulated. This is because of the similarities in personal details that can arise from a single data search, using this technique.

On 30 September 2008, Westminster City Council committed, in the initial instance, to cancel all PCNs that had been issued to motorcycles while parked in any of the City Councils' paid for parking motorcycle bays. As a result, an instruction was issued to all Parking Services personnel.

In order for this process of consideration to apply, it is necessary for the registered keeper to first submit either a challenge or representation against the PCN itself.

When applying such consideration to a challenge or representation, Parking Services will first review the individual's ticket history, in order to establish if a similar contravention has been previously issued to the motorist's vehicle. This will determine if the aforementioned instruction applies and ultimately, as to the overall status of the PCN. If the PCN is cancelled, Parking Services use the following generic cancellation code - M/PD - Mobile Phone bay - Motorist error. In addition, notes are added as to why the cancellation occurred - i.e. PCN cancelled as it was the first occasion.

You have requested data as to the amount of motorcycle PCNs issued have been cancelled on the first occasion. As you have not specified any specific timeframe, a figure has been accumulated within the following parameters: 30 September 2008, up to and including 10 August 2009.

I can advise that within this timescale, 4,748 PCNs issued under contravention 11U were cancelled. From this amount, however, it is not possible to accurately advise whether these PCNs were cancelled on the basis of the first parking offence. This is because the aforementioned generic cancellation code is not entirely specific to the City Council's instruction of 30 September 2008, and can be used in accordance with other types of PCN cancellations.

In order to determine if these PCNs cancelled in accordance with the 30 September instruction, Parking Services would need to manually inspect the data fields of each individual PCN.

However, in order to accomplish this task, the appropriate limit of £450, as stated in the FOI (Fees & Appropriate Limit) Regulations 2004, would be exceeded, as set out in Section 12 of the FOI Act 2000.

It is estimated that for the City Council to extract this information from our database, within aforementioned parameters, would take approximately 316 hours.

In accordance with the FOI (Fees & Appropriate Limit) Regulations 2004, this would cost you, the applicant, £7'900.

This fee is based on the number of hours taken to extract the information from our databases. Therefore, as this cost exceeds the “appropriate limit” of £450, this letter acts as a refusal notice in accordance with the FOI Act 2000, Section 17.

It may be possible, however, for the City Council to supply the data if the specified parameters are reduced within the “appropriate limit”. For example, the number of PCNs, issued within a two-week period, which were cancelled in the initial instance.

If you would like to refine your request in this manner, please contact me at the address above.

If you are not satisfied with this response please set out your reasons in writing and send to:

Customer Relations

PO Box 396

Warrington

WA55 1EL

Phone: 0207 641 1743

Fax: 0207 641 1744

Email: [email address]

Should you still be dissatisfied with the outcome of any such complaint you have the right to make a complaint to the Information Commissioner, pursuant to section 50 of the FOIA. The contact details are:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625-545-700

www.informationcommissioner.gov.uk

Yours sincerely

Gordon Deas

Departmental Records Officer