Dear Sir or Madam,

We have received a complaint from a parents' group regarding
inconsiderate parking opposite Kings Heath Junior School.

We have evidence that some cars park on the North-East side of
Valentine Road (opposite the school) at all hours in such a way
that wheelchair users, parents with children and dog walkers are
forced onto oncoming traffic because the very little room is left
for reasonable pedestrian access.

Please indicate or provide the following in accordance with the
Freedom of Information Act (2000):

1) Birmingham City Council's official documented position with
regard to vehicles parked on pedestrian right of ways and
pavements.

2) How many Fixed Penalty Notices and other similar tickets have
been issued to vehicles along the North-East section of Valentine
Road, Kings Heath, Birmingham between the High Street and the
Springfield Road/Poplar Road roundabout in the last 5 years by a)
virtue of their parking position? and b) for any other
misdemeanour?

3) How many Fixed Penalty Notices and other similar tickets have
been issued to vehicles along the entire stretch of Valentine Road
in Kings Heath, Birmingham?

Yours faithfully,

Kings Heath Forum

12 November 2009

Our Ref: FOI3533

<[FOI #22785 email]>

Thank you for your request received on 9 November 2009, for information
held by the Council under the provisions of the Freedom of Information Act
2000.

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

If you require any further information or are not happy with our response
please do not hesitate to contact a member of our team on 0121 303 3912
quoting the reference number above in any future communications.

Yours sincerely

Dean Robinson
Freedom of Information and Data Protection Officer
Birmingham City Council
Development Directorate
Performance and Corporate Services
16th floor, Alpha Tower
Suffolk Street Queensway
Birmingham
B1 1TR

Tel: 0121 303 3912
Fax: 0121 303 2315
Email: [email address]

Data Protection Act 1998
The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use.

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Dear Sir or Madam,

To clarify, Q3 should also be in reference to the last 5 years

Yours faithfully,

Kings Heath Forum

1 December 2009

Our Ref: FOI3533

<[FOI #22785 email]>

I am writing in respect of your request under the Freedom of Information
Act 2000. Please find enclosed our response to your questions:-

We have evidence that some cars park on the North-East side of Valentine
Road (opposite the school) at all hours in such a way that wheelchair
users, parents with children and dog walkers are forced onto oncoming
traffic because the very little room is left for reasonable pedestrian
access.

Please indicate or provide the following in accordance with the Freedom of
Information Act (2000):

1) Birmingham City Council's official documented position with
regard to vehicles parked on pedestrian right of ways and
pavements.
It is an offence to obstruct the public highway under the Highways Act
1980. This includes vehicles that are parked on the footway so as to
obstruct the free passage of pedestrians. The Highway Code also states
that a vehicle should not be parked where it would endanger, inconvenience
or obstruct pedestrians or other road users. Accordingly, the Police have
the authority for enforcement and any decision to take action ultimately
rests with them.

If there are yellow carriageway markings prohibiting waiting alongside,
the Civil Enforcement Officers deployed by the City Council, can also
assist by issuing Penalty Charge Notices for the violations. Furthermore,
due to recently introduced legislation contained within the Traffic
Management Act, obstruction of dropped kerbs is now also a civil parking
infringement and therefore, the Civil Enforcement Officers can issue
Penalty Charge Notices to vehicles committing such offences even without
the presence of yellow lines. The Civil Enforcement Officers can be
contacted via 0121 303 7617. Birmingham City Council enforce all parking
restrictions where there is a current and valid Traffic Regulation Order.
There are two small sections of Double Yellow lines on both sides of
Valentine Road near to the junction with Mount Pleasant, the second being
opposite the school. Parking on the footway at either of these locations
is only enforceable by the police.

However, a complaint about the obstructive parking on footways, was
received in October 2009 and as a result we have written to the Chief
Constable, bringing this to the attention of the Police. The complaint
in that instance included Ashfield Road, Valentine Road (opposite Kings
Heath Primary School), Springfield Road (Kings Heath), School Road
(Moseley), Institute Road and Heathfield Road (Kings Heath) that should be
investigated and targeted for enforcement, as their resources permit. Many
of the offenders are likely to be parents and other local people and
therefore any regular violations can be reported direct to the Police, to
enable effective use of their resources.

2) How many Fixed Penalty Notices and other similar tickets have
been issued to vehicles along the North-East section of
Valentine Road, Kings Heath, Birmingham between the High Street and the
Springfield Road/Poplar Road roundabout in the last 5 years by a)
virtue of their parking position? and b) for any other misdemeanour?

There has only been one Penalty Charge Notice issued in Valentine Road.

3) How many Fixed Penalty Notices and other similar tickets have
been issued to vehicles along the entire stretch of Valentine Road
in Kings Heath, Birmingham?

As mentioned there has only been one Penalty Charge Notice issued.

If you are unhappy with the handling or the outcome of this request, you
are entitled to make a request for an internal review / appeal, such view
to be undertaken by Council officers not involved in the handling of your
request.

If you wish to take advantage of the internal appeal / review process,
this can be done by either contacting myself directly, or by contacting
the Corporate Information Manager at the following address quoting the
following reference FOI3533: -
The Corporate FOI Unit
First Floor
1 Lancaster Circus
Birmingham
B4 7AB

Tel No: 0121 303 4876
Email: [Birmingham City Council request email]

If, subsequently you are not satisfied with the Council***s decision you
may apply to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at the following address:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545745
Web address: www.ico.gov.uk

Yours sincerely

Dean Robinson
Freedom of Information and Data Protection Officer
Birmingham City Council
Development Directorate
Performance and Corporate Services
16th floor, Alpha Tower
Suffolk Street Queensway
Birmingham
B1 1TR

Tel: 0121 303 3912
Fax: 0121 303 2315
Email: [email address]

Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use.

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