This is an HTML version of an attachment to the Freedom of Information request 'Smart car traffic offence'.

Graham

request-18499-e2b5787b@whatdotheyknow

Westminster Parking Services

Head of Parking: Kevin Goad

This matter is being dealt with by: Andrew Daly

Date: 30 September 2009

Tel No: (020) 7641 1743

Fax no: (020) 7641 1744

Email: [email address]

My ref: FOI/4419A/ABD

Dear Mr Graham

Freedom of Information Act 2000: Request for information

Thank you for your request for information relating to FOI/4419. You have requested the following information:

“I notice that one of your CCTV Smart Cars was caught committing a road traffic offence recently - see http://nutsville.com/?p=981 for the full offence including a video”

“Please can you tell me: 1 - What action was taken against this particular individual? 2 - What communications were sent to your employees to ensure no repeat of this took place? 3 - does WCC endorse such behaviour? 4 - Will WCC prosecute any further road traffic offences committed by their employees?”

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

The Freedom of Information Act 2000 entitles any person to make a request to a public authority in respect of information that they hold. Section 1(4) of the Act requires that the information to be communicated must be the information in question held at the time when the request is received, except for any amendment or deletion that would have been made regardless of the receipt of the request.

We are therefore unable to comment any events recorded by third parties, where this would mean creating new information or giving an opinion or judgement that is not already recorded. I include here, for your reference, a link to the guidance issued by Information Commissioner's Office on making requests under FOI:

http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/fop100_how_to_make_a_request_v1.pdf

On this occasion, for the purposes of 1(4) of the FOI Act, the Council does not hold the requested information and we are, therefore, unable to provide it.

For future reference, any similar enquiries, which are not Freedom of Information requests, should be directed in writing to the City Council's Parking Services department.

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