Parking on Private Land

Dear Mr. Anderson

Freedom of Information Request Reference No: 2010020002576
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 08/02/2010. I note you seek
access to the following information:

* "I wish to know if parking on private land is a criminal offence. Ie,
parking in a supermarket or an industrial estate car park ? "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Dear Mr Anderson

Freedom of Information Request Reference No: 2010020002576

I write in connection with your request for information dated which was
received by the Metropolitan Police Service (MPS) on 08/02/2010. I note
you seek access to the following information:

· I wish to know if parking on private land is a criminal offence.
Ie, parking in a supermarket or an industrial estate car park ?

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Traffic Policy Unit

DECISION

Parking on Private land is a matter between the land owner and the owner
of the vehicle and is not a Police issue. So not a criminal offence.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Eric McKenzie on telephone number 02071611125 quoting the
reference number above.

Yours sincerely

Eric McKenzie
Deputy Resource Manager
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Dear John Anderson

Freedom of Information Request Reference No: 2010030001790

I am now able to provide a response to your complaint dated 7th March 2010
concerning:

** FOIA complaint on existing case - 2010020002576.

Original Request:

I wish to know if parking on private land is a criminal offence. Ie,
parking in a supermarket or an industrial estate car park.

Request for Review:

I am writing to request an internal review of Metropolitan Police Service
(MPS)'s handling of my FOI request 'Parking on Private Land'. My request
is now overdue.

1. DECISION

1.1 The Metropolitan Police Service (MPS) has completed its review and
has decided that incorrect procedure was followed in reaching our original
decision.

1.2 In accordance with The Code of Practice (Freedom Of Information Act
2000, section 45), I would like to advise you that this complaint process
provides a fair and thorough review of handling issues and of decisions
taken in pursuant to the Act, including decisions taken about where the
public interest lies in respect of exempt information. It should enable a
fresh decision to be taken on a reconsideration of all the factors
relevant to the issue.

Please see the legal annex for the sections of the Act that are referred
to in this letter

2. Review decision in respect of responding to your original request

2.1 The Freedom of Information Act 2000 deals with requests for 'held
information' by public authorities as defined by Section 8 of the Act.
Information means information recorded in any form (Sec 84). Since
receiving your complaint on the 7th March 2010 I am aware that a response
has now been sent by Eric Mckenzie, the Deputy Resource manager on the 8th
March 2010.

2.2 The MPS is continually striving to ensure statutory deadlines are met
and enquiries are responded to as soon as possible. We are working towards
this goal whilst ensuring the operational policing needs of London are not
affected. Departments are aware that applicants should be regularly
updated in good time if there is a possibility their request deadline will
not be met for any reason.

3 Review decision in respect of the DELAY IN RESPONDING TO THIS REQUEST:

Section 10(1) Freedom of Information Act 2000 (the 'Act') states , subject
to subsection (2) and (3) , a public authority must comply with
section1(1) promptly and in any event not later than the twentieth working
day following the date of receipt.

3.1 What is the time limit for responding to a request for information?

A public authority must inform the applicant in writing whether it holds
the information requested and if so, communicate that information to the
applicant, promptly, but not later than 20 working days after receipt of
the request; section 10(1).

3.2 When does the 20 working day clock start?

The 20 working day clock starts the day after the public authority
receives the request. According to section 10(1) the time limit for
compliance is the twentieth working day following the date of receipt.

3.3 When is a request received by the public authority?

A request is received when it is delivered to the public authority, or
when it is delivered to the inbox of a member of staff. The date of
receipt is not the date the request is passed to the appropriate person
for processing***it is in the interests of the public authority to ensure
that mail is distributed, and acted upon, promptly.

3.4 Information Commissioner's Office guidance (1 July 2009) on refusal
notices issued under sec 17 of the Act:

When refusing a request, a public authority must issue a refusal notice to
the requester within 20 working days following the date of receipt of the
request.

Time limits

* The refusal notice must be clear and timely - issued within 20 working
days.

* If an authority does not hold the information, it is not required to
issue a formal refusal notice; but it must still inform the requester
of the fact in writing within 20 working days.

3.5 Your request was received by the MPS on Sunday 7th February 2010 and
therefore a response should have been sent by Friday 5th March 2010. I
note that the refusal notice by Eric McKenzie was not sent until the
following working day Monday 8th March 2010. I take note of your comment
'my request is now overdue' and apologise for the inconvenience caused by
the delay.

I can confirm that in this instance a failure to respond to your request
within the time limit is a breach of the Act.

4. IN CONCLUSION

I would like to take this opportunity to apologise for the delay you have
experienced and for any inconvenience caused by our failure to process
your request correctly. I hope to reassure you that the MPS take
compliance with the Act very seriously and are working hard to promote
good practice in regard to the processing of requests. The issues you
have raised have been recorded and they will enable us to provide a more
efficient and effective service in the future.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on 02071613605 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Mike Lyng
Quality and Assurance Advisor

LEGAL ANNEX

Section 1 (General right of access to information held by public
authorities) of the Act provides:

(1) Any person making a request for information to a public authority is
entitled-
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.
(2) Subsection (1) has effect subject to the following provisions of this
section and to the provisions of sections 2, 9, 12 and 14.
(3) Where a public authority-
(a) reasonably requires further information in order to identify and
locate the information requested, and
(b) has informed the applicant of that requirement,
the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.

Section 8 (Request for information) of the Act provides:

(1) In this Act any reference to a "request for information" is a
reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request-
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

Section 84 (Interpretation) of the Act provides:

In this Act, unless the context otherwise requires-

"information" (subject to sections 51(8) and 75(2)) means information
recorded in any form;

Section 10 (Time for compliance with request ) of the Act provides:

(1) Subject to subsections (2) and (3), a public authority must comply
with section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.
(2) Where the authority has given a fees notice to the applicant and the
fee is paid in accordance with section 9(2), the working days in the
period beginning with the day on which the fees notice is given to the
applicant and ending with the day on which the fee is received by the
authority are to be disregarded in calculating for the purposes of
subsection (1) the twentieth working day following the date of receipt.
(3) If, and to the extent that-
(a) section 1(1)(a) would not apply if the condition in section 2(1)(b)
were satisfied, or
(b) section 1(1)(b) would not apply if the condition in section 2(2)(b)
were satisfied,
the public authority need not comply with section 1(1)(a) or (b) until
such time as is reasonable in the circumstances; but this subsection does
not affect the time by which any notice under section 17(1) must be given.
(4) The Secretary of State may by regulations provide that subsections (1)
and (2) are to have effect as if any reference to the twentieth working
day following the date of receipt were a reference to such other day, not
later than the sixtieth working day following the date of receipt, as may
be specified in, or determined in accordance with, the regulations.
(5) Regulations under subsection (4) may-
(a) prescribe different days in relation to different cases, and
(b) confer a discretion on the Commissioner.
(6) In this section-
"the date of receipt" means-
(a) the day on which the public authority receives the request for
information, or
(b) if later, the day on which it receives the information referred to in
section 1(3);
"working day" means any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
[1971 c. 80.] Banking and Financial Dealings Act 1971 in any part of the
United Kingdom.

Section 17 (Refusal of request ) of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision of Part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant 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.
(2) Where-
(a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
(i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
(ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
(b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.
(3) A public authority which, in relation to any request for information,
is to any extent relying on a claim that subsection (1)(b) or (2)(b) of
section 2 applies must, either in the notice under subsection (1) or in a
separate notice given within such time as is reasonable in the
circumstances, state the reasons for claiming-
(a) that, in all the circumstances of the case, the public interest in
maintaining the exclusion of the duty to confirm or deny outweighs the
public interest in disclosing whether the authority holds the information,
or
(b) that, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information.
(4) A public authority is not obliged to make a statement under subsection
(1)(c) or (3) if, or to the extent that, the statement would involve the
disclosure of information which would itself be exempt information.
(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.
(6) Subsection (5) does not apply where-
(a) the public authority is relying on a claim that section 14 applies,
(b) the authority has given the applicant a notice, in relation to a
previous request for information, stating that it is relying on such a
claim, and
(c) it would in all the circumstances be unreasonable to expect the
authority to serve a further notice under subsection (5) in relation to
the current request.
(7) A notice under subsection (1), (3) or (5) must-
(a) contain particulars of any procedure provided by the public authority
for dealing with complaints about the handling of requests for information
or state that the authority does not provide such a procedure, and
(b) contain particulars of the right conferred by section 50.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections