Certificates for Smart Car Enforcement

This is an automated email, please do not reply to this address. If you
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Dear Barry Moss

I acknowledge with thanks your request for information held by Bolton
Council received at this office on ?????.

This request has been considered under the Freedom of Information Act 2000
and may take up to 20 working days to be processed (although we will
endeavour to provide the information as quickly as possible).

Please be advised that if an exemption applies to the information that you
have requested, the statutory period may be exceeded in accordance with
the provisions of the act.

If a charge is applicable to your request, we will advise you of this in
due course.

Please retain the reference number RFI 1469 for any future enquiries
regarding this matter.

Many Thanks

Freedom of Information Team

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations. This footnote also confirms that
this e-mail message has been swept for the presence of computer viruses
currently known to Bolton Council. However, the recipient is responsible
for virus-checking before opening this message and any attachment. Unless
expressly stated to the contrary, any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Bolton Council. http://www.bolton.gov.uk

Dear Mr Moss

 

Request for information under the Freedom of Information Act 2000

 

Further to your request for information, Bolton Council has considered
your request and feels that the information you requested is exempt from
disclosure under the Freedom of Information Act 2000 (“the Act”).  Section
17 of the Act provides that when refusing a request, Bolton Council must
provide a notice which (a) states that fact, (b) specifies the exemption
in question, and (c) states (if that would not otherwise be apparent) why
the exemption applies.

 

You requested:

 

With reference to the Smart car enforcing Parking Restriction in the
Borough of Bolton, supply the following information.

    

     1. All/any certifications relative to Parking enforcement using the
Smart Car.

    

     2. Certifications will need to be from the inception of first use of
the Smart car enforcement to present date.

 

In this case, we consider that the exemption under section 21(1) of the
Act applies, which provides an exemption where the information is
reasonably sought by other means.  The requested information is available
on the Department for Transport website:

 

[1]www.dft.gov.uk/publications/parking-approved-device

 

In accordance with the Act, this email constitutes a refusal notice.

 

Should you disagree with our decision, you may appeal to:

The Director of the Chief Executive’s Department, Bolton Council, Town
Hall, Bolton, BL1 1RU

Email:  [2][email address]

 

Should you further disagree with the decision following the appeal you may
wish to contact the Information Commissioner:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

[3]www.ico.gov.uk

Tel: 01625 545700, Fax: 01625 524510

 

Should you have any queries regarding this please contact
[4][email address]

 

Regards

 

Ann McDonna

Programme Coordinator

 

Performance & Improvement Team

Environmental Services / Development & Regeneration, Bolton Council

3rd Floor The Wellsprings, Howell Croft South, Bolton, BL1 1US

 

 

[5]Description: cid:image002.png@01CC2F6D.34BD1750

 

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a hard copy?"

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations. This footnote also confirms that
this e-mail message has been swept for the presence of computer viruses
currently known to Bolton Council. However, the recipient is responsible
for virus-checking before opening this message and any attachment. Unless
expressly stated to the contrary, any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Bolton Council. http://www.bolton.gov.uk

References

Visible links
1. http://www.dft.gov.uk/publications/parki...
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. mailto:[email address]

Dear Mr Moss

 

Thank-you for your correspondence of 4 January 2012 requesting an internal
review.

 

The council provides an internal review procedure conforming with code of
practice made under section 45 of the FOIA.

 

Any applicant for information may make representations to the councils
Monitoring Officer if it appears to them that council has failed to comply
with any of its duties to:

·       make environmental information available in accordance with the
EIR, or

·       to provide a right of access to information held by the council in
accordance with FOIA

 

A request for review may involve a request for review of a decision to
withhold information or a complaint about the handling of a request for
information.

 

In order for the Monitoring Officer to carry out an internal review could
you please provide the foundation of your complaint or the matters you
wish to be considered. On receipt of this clarification the Monitoring
Officer will progress your complaint and will aim to respond within 20
working days. The 20 day timescale will start from the date of the
clarification.

 

Every effort is made by the council to assist complainants experiencing
difficulties in setting out their complaint. If you require assistance in
this area please contact me.  If I do not hear from you within 40 working
days I will assume you no-longer wish to proceed with an internal review
and will close your request.

 

Regards

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Dear Mr Moss,

Please find below a link to the Traffic Penalty Tribunal. The TPT holds an online copy of the certificate. You need to select Bolton from the list on the left and the Camera Approval Certificate has a reference number of BO179. I hope this is of use to you.

http://tro.parking-adjudication.gov.uk/d...

The service has advised me that the certificate mentioned above is the only one however from our telephone conversation today I understand that you believe there should be a certificate for the camera (above) and a certificate for the recording device. I will liaise with the parking services for an explanation regarding this and get back to you shortly.

Regards
____________________________________________
Carol Johnson
Corporate Information Manager
Corporate Information Unit
Tel (01204) 331398
e-mail [email address]

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Dear Mr Moss,

 

Further to our telephone discussion and my previous correspondence I can
inform you that I have liaised with parking services regarding your
suggestion that the council should hold certificates than the one
certificate already disclosed to you. You suggest the council should hold
two certificates, one for the camera and one for the recording device.

 

I can confirm that according to the The Civil Enforcement of Parking
Contraventions (Approved Devices) (England) Order 2007, copy attached for
your reference, the council is required to hold one certificate. The
certificate is all encompassing, covering all operating equipment and
staff operating that equipment. The certificate is already in the public
domain via the TPT website and a link to the certificate has already been
provided to you.

 

I can also inform you that on 17th January the council received a new
certificate which is to be used shortly. A copy of this certificate is to
be sent to TPT for them to add to their website at which time it will be
in the public domain and reasonably accessible for you. As this document
is not currently available on the TPT website I enclose a copy for
completeness of your request although it falls outside the period of your
request.

 

I can confirm that the council does not hold any further information other
than what has already been disclosed and it is not required to do so.

 

I have dealt with your request for review informally on the basis that the
council is not required to hold a further certificate. If you have
evidence to the contrary and can supply this to me I will ask the
Monitoring Officer to conduct a full review of your request.

 

If you are unhappy with the councils approved device certification you are
able to address this with VCA as authorised by the Secretary of State to
deal with certification. The relevant address details are contained in the
attached documentation.

 

Should you disagree with my decision you may appeal to the Director of the
Chief Executive’s Department, Bolton Council, Town Hall, BL1 1RU.  Should
you further disagree with the decision allowing the appeal you may wish to
contact the Information Commissioner:

 

Information Commissioner’s Office
Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[1]www.ico.gov.uk

Telephone No. 01625 545700      Fax: 016125 524510

 

 

 

Regards

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Dear Mr Moss

 

Thank you for your request for information.  I have logged this as a new
request, reference number RFI 1659.

 

We consider your request for a formal internal review of the previous
request to be closed, as it has been dealt with informally, on the basis
that the council is not required to hold a further certificate. However,
if you can supply evidence to the contrary, we will ask the Monitoring
Officer to conduct a full review of your request.

    

Regards

 

Ann McDonna

Strategy and Development Officer

 

Finance and Business Development

Environmental Services / Development & Regeneration, Bolton Council

3rd Floor The Wellsprings, Howell Croft South, Bolton, BL1 1US

 

[1]Description: cid:image002.png@01CC2F6D.34BD1750

 

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a hard copy?"

 

 

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This is an automated email, please do not reply to this address. If you
reply to this e-mail address your e-mail will not be received by the
council and we will not be able to respond to you. The direct email
address for any correspondence is [email address].

Dear Barry Moss

I acknowledge with thanks your request for information held by Bolton
Council received at this office on ?????.

This request has been considered under the Freedom of Information Act 2000
and may take up to 20 working days to be processed (although we will
endeavour to provide the information as quickly as possible).

Please be advised that if an exemption applies to the information that you
have requested, the statutory period may be exceeded in accordance with
the provisions of the act.

If a charge is applicable to your request, we will advise you of this in
due course.

Please retain the reference number RFI 1659 for any future enquiries
regarding this matter.

Many Thanks

Freedom of Information Team

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations. This footnote also confirms that
this e-mail message has been swept for the presence of computer viruses
currently known to Bolton Council. However, the recipient is responsible
for virus-checking before opening this message and any attachment. Unless
expressly stated to the contrary, any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Bolton Council. http://www.bolton.gov.uk

Dear Mr. Moss,

 

Request for information under the Freedom of Information Act 2000

 

I am writing in response to your request for information received at this
office on 10^th February.

 

You requested:

1. Copies of the Technical construction file dated up to the 14^th
September 2009.

2. Copies of the Technical construction file with amendments dated up to
the 14th December 2011

 

We have not yet reached a decision regarding this request and under the
provisions of the Act (section 17), we require additional time to consider
this request fully.

 

This is because we are considering whether the exemptions in section 41
(1) (b) of the Act relating to Information Provided in Confidence and 43
(1) and 43 (2) of the Act relating to Trade Secrets and Commercial
Interests, apply to this information.

 

We estimate that we will be able to respond to your enquiry by 6^th
April.  Where possible we will aim to provide a response before this date.

 

Should you have any queries regarding this please contact
[1][email address]

 

Regards,

Finance & Business Development Division, Environmental Services &
Development and Regeneration Departments, Bolton Council

 

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Dear Mr. Moss,

You are free to contact the ICO anytime you wish. However, we are considering the aforesaid exemptions and will respond to you within the stated timescale.

Regards,
Finance & Business Development Division, Environmental Services & Development and Regeneration Departments, Bolton Council

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Dear Mr Moss,

 

Notice of refusal issued under section 17, Freedom of Information Act 2000

 

I am writing further to your request for information received at this
office on 10^th February to advise you that we can supply you with part of
the information you requested and part is being withheld under the Freedom
of Information Act 2000 (“the Act”).

 

You requested:

1. Copies of the technical construction file dated up to the 14 September
2009

2. Copies of the technical construction file with amendments dated up to
the 14th December 2011

 

We do not hold two separate files for the dates specified.  We hold one
technical file which has updates added to the file when required. 
Therefore we have provided details of the updates and dates of any
additions to file.  Please see attachment 1.

 

In terms of the file itself, the information we can provide can be found
in the attachment’s.  However, some information has been withheld.

 

Under the Act, Bolton Council has a duty to supply any information it
holds on request, unless there is an exemption. It is the Council’s policy
only to apply the exemptions where there is a genuine risk of harm or
prejudice.

 

In this case, we consider that a number of exemptions apply as follows;

 

Section 40 (2) (a) of the Act applies to part of the information because
to disclose the information to you would contravene the principles of the
Data Protection Act 1998 as it constitutes personal data.

 

Section 43 (2) of the Act applies to parts of this information because we
believe to disclose the information would unfairly prejudice the
commercial interests of NSL Ltd.  Specific details of how the system works
and what it is capable of providing could be replicated by competitors or
unfairly advantage competitors during the tender process in the future. 
We do not believe that the public interest in disclosure is proportionate
to the damage that would be caused.

 

Section 43 (2) of the Act applies to parts of this information because we
believe to disclose the information would unfairly prejudice the
commercial interests of Zenco Systems for the following reasons:

·        Specific details of the system design, which are crucial to the
make up of the end product, could be replicated by competitors and
unfairly advantage competitors during the tender process .  

·        Details of the services provided by Zenco Systems to the Council
could unfairly advantage competitors during the tender process.  

·        Guidance information on system use which shows how the system
works and is set up could also be replicated by competitors and unfairly
advantage competitors during the tender process.

We do not believe that the public interest in disclosure is proportionate
to the damage that would be caused.

 

Section 43 (1) of the Act applies to parts of this information because we
believe it is a TES trade secret.  This is because the compilation of
components that make up the car, camera and video recording equipment,
rather than the components individually are specific to TES and crucial to
the efficiency and effectiveness of this equipment.  There is not
sufficient public interest to risk damaging the company’s commercial
interests by disclosing it.  However, we have provided the information we
hold on the equipment visible to the public.

 

Section 43 (2) of the Act applies to parts of this information because we
believe to disclose the information would unfairly prejudice the
commercial interests of TES for the following reasons:

·        Details of the services provided by TES to the Council could
unfairly advantage competitors during the tender process.  

·        Guidance information on system use shows how the system works and
is set up could also unfairly advantage competitors during the tender
process.  

We do not believe that the public interest in disclosure is proportionate
to the damage that would be caused.

 

Should you disagree with our decision, you may appeal to:

The Director of the Chief Executive’s Department, Bolton Council, Town
Hall, Bolton, BL1 1RU

Email:  [1][email address]

 

Should you further disagree with the decision following the appeal you may
wish to contact the Information Commissioner:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

[2]www.ico.gov.uk

Tel: 01625 545700, Fax: 01625 524510

 

Should you have any other queries regarding this please contact
[3][email address]

 

Regards,

Laura Roskell, Strategy & Development Officer

Finance & Business Development Division, Environmental Services &
Development and Regeneration Departments, Bolton Council

 

 

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Dear Mr Moss

 

Thank you for your email.  According to our records you were provided with
an alternative hyperlink to the requested certificate on 16^th January and
a copy of the new certificate on 31^st January.  I have attached copies of
both these emails for your reference.

 

Regards

 

Ann McDonna

Strategy and Development Officer

 

Finance and Business Development

Environmental Services / Development & Regeneration, Bolton Council

3rd Floor The Wellsprings, Howell Croft South, Bolton, BL1 1US

 

[1]Description: cid:image002.png@01CC2F6D.34BD1750

 

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a hard copy?"

 

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