Fixed Penalty Notices - enforcing officers conduct

Mr. Figg made this Freedom of Information request to Isle of Wight Council

The request was refused by Isle of Wight Council.

From: Mr. Figg

9 September 2009

Dear Sir or Madam,

I am writing to request information under the FOI Act regarding the
officers the council employs(enforcing officers)who issue fixed
penalty notices on the councils behalf.

I require details of any representations, complaints etc. which
have been made to the council regarding the conduct of their
enforcing officer, in the issuing of a FPN. Including details of
any allegations that have been made, including, but not limited to:

1. The enforcing officers honesty in their version of events being
brought into question

2. The enforcing officer being rude

3. The enforcing officer making threats

4. The enforcing officer targeting individuals

5. The enforcing officer issuing FPNs out of spite

6. The enforcing officer assaulting individuals

7. The enforcing officer stating they were not intending to issue a
FPN but changing their mind on being informed that a complaint was
to be made regarding their conduct

8. The enforcing officer not giving their name when requested to do
so

9. The enforcing officer failing to mention in their notes, which
are legal evidence, that witnesses were present, even if a witness
was presented to the officer at the time and it was clearly stated
that they were a witness

10. The enforcing officer fabricating evidence

Yours faithfully,

Mr. Figg

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From: Freedom of Information
Isle of Wight Council

30 September 2009


Attachment Reply letter ref.iw09 9 39028 47483 50372.doc
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Dear Mr Figg

Please find attached a reply to your recent requests for information.

Yours sincerely

Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com

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From: Mr. Figg

30 September 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Isle of Wight
Council's handling of my FOI request 'Fixed Penalty Notices -
enforcing officers conduct'.

Freedom of Information Request ref. iw09/9/39028

I do not accept that the council is not responding to this request,
and am offering you the opportunity to review this decision at a
local level.

This information was requested as it is required for a complaint to
the council regarding the conduct of the enforcing officer who
issued the fixed Penalty Notice you refer to, that complaint has
not yet been submitted to the council, as they are well aware of as
I have informed them I am waiting on FOI requests.

In you reasons you state "it seems that it may be related to a long
standing grievance, which has been dealt with through the
appropriate complaints process" your assumption is erroneous, I do
not have a long standing grievance. I had a long standing complaint
pending with the council, it was long standing as the council
failed to address the issues, this has now been acknowledged by the
council who have awarded me a £250 time and trouble settlement due
to their failings and the inconvenience that had caused me.

You further state that I have made a number of requests relating to
"dog wardens; dog control orders; fixed penalty notice's relating
to dog fouling etc" the reason for this being that I am the
webmaster for the wightdogs.com website, and have requested the
information as it is relevant the the forthcoming public
consultation regarding the councils proposals for the Dog Control
Orders, and the members of this community based website are
entitled to this information.

This, however, is a request solely made by me as a citizen of the
isle of Wight and has nothing to do with my role as webmaster of
the wightdogs.com website.

If you are refusing this request as you consider fulfilling it
would equate to exceeding 18 hours of search and retrieval time,
and therefore that the cost would exceed £450 would you clearly
state this to be the case?

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/fi...

Yours faithfully,

Mr. Figg

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From: Mr. Figg

30 September 2009

Dear Freedom of Information,

This response contains the disclaimer:
"Any views expressed in this message are those of the individual
sender and may not necessarily reflect the views of the Isle of
Wight Council."

I require that you confirm that this response reflects the views of
Isle of Wight Council, as it is to them that I made the request.

Yours sincerely,

Mr. Figg

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Mr. Figg left an annotation ( 7 October 2009)

The wightdogs.com website http://www.wightdogs.com/foirequests.htm is linking to this annotation in order to give its members ease of access to the relevant passage, copied below, from the councils response in which they offer justification for with-holding, from the 102 members of the website, information relevant to the public consultation on proposed changes to the Isle of Wight Dog Control Orders.

The councils representative:
"Unfortunately, I have estimated that the time it will take to determine if the Council holds the information, including locating, retrieving and extracting the information, to enable us to respond to your request, will exceed the fee limit as set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulation 2004. Therefore, the Council is not obliged to provide a response.

For information purposes, the fee limit set down by the Lord Chancellor is £450 and in our case this equates to a maximum of 18 hours of search and retrieval time. The Fees Regulations state that two or more requests can be aggregated for the purposes of calculating costs if they are:

• by one person, or by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign;

• for the same or similar information; and

• the subsequent request is received by the public authority within 60 working days of the previous request.

Accordingly, the Council has considered this latest request in conjunction with your previous requests relating to the Dog Warden service, submitted over the last 3 weeks. The Council has already spent several hours in dealing with these requests, and I must advise that to deal with this latest request would exceed the limit."

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From: Freedom of Information
Isle of Wight Council

12 October 2009

Dear Mr Figg

The replies given to requests for information under the Freedom of Information Act relate to records held by the Isle of Wight Council. Such replies are therefore provided on behalf of the Council.

Yours sincerely

Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com

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Mr. Figg left an annotation (18 October 2009)

I have received a response to my request for a review of this FOIA request through the post. It has upheld the councils outcome that they consider the request to be vexatious.

This despite my NOT supplying either my full name or a postal address, as I made the request through this website by EMAIL.

I have made a complaint to the ICO regarding not only this refusal for information but also the IW councils handling of my personal data with regard to this request.

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