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Parking Policy Development Group
Barry Moss, Sr. made this Freedom of Information request to Bolton Metropolitan Borough Council
The request was successful.
From: Barry Moss, Sr.
26 July 2009
Dear Mr Wiper,
I would like copies of the minutes from the meetings of the Parking
Policy Development Group back to January 2006 to present day.
Yours sincerely
Barry Moss
From: Wiper, Carl
Bolton Metropolitan Borough Council
29 July 2009
Request for information under the Freedom of Information Act 2000
Thank you for your request for information received at this office on 27
July 2009. This has been considered as a request under the Freedom of
Information Act 2000.
Your request may take up to 20 working days to be processed.
If an exemption applies to the information that you have requested, the
statutory period may be exceeded in accordance with the provisions of that
Act.
If a charge is applicable to your request, we will advise you of this in
due course.
Should you have any queries, please contact me.
_________________________________________________
Carl Wiper LLM MCLIP
Corporate Information Manager
Bolton Council, Room 320, Town Hall, Bolton BL1 1RU tel: 01204 331031,
mobile: 0778 903 1512
[email address]
show quoted sections
From: Barry Moss, Sr.
26 August 2009
Dear Mr Wiper,
This request is currently overdue a response from Bolton Borough
Council. By law, the response had to be prompt but no later than 25
August 2009 My FOIR is overdue, as a consequence of this you are
breaking the law under the FOIA.
I know that Bolton Council are one of the worst trangressors in the
country for supplying late FOI requests, to this end please may I
have the results of my FOIR at your earliest convenience.
Yours Sincerely
Barry Moss
From: Wiper, Carl
Bolton Metropolitan Borough Council
27 August 2009
Dear Mr Moss
I am writing further to your request for information received at this
office on 27 July to advise you that the information you requested is
being withheld under the Freedom of Information Act 2000 ("the Act").
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.
You requested:
copies of the minutes from the meetings of the Parking Policy Development
Group back to January 2006 to present day.
In this case, we consider that the exemptions under sections 36 2(b) and
(c) of the Act apply to this information because, in the opinion of the
`qualified person' (in this case the Monitoring Officer), to provide it
would be likely to inhibit the free and frank exchange of views for the
purpose of deliberation and the effective conduct of public affairs.
By their nature Policy Development Group meetings involve a frank and open
discussion of issues and options. They provide the Council with a 'space
to think' about issues in a confidential setting. If the minutes of those
meetings were made public it would inhibit those discussion as it would
not be possible for views to be aired and discussed freely. The
confidential nature of these discussions is important to the Council's
decision making process and so to disclose the information would prejudice
the effective conduct of public affairs. This is particularly the case
because you have requested the minutes of all the meetings from January
2006.
Section 36 is a qualified exemption and requires us to consider the
balance of public interest. In this case we consider that there is no
specific public interest in the minutes of all these meetings being
published, whereas there is a strong public interest in the Council being
able to consider issues freely and objectively as part of its decision
making process.
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
Should you further disagree with the decision following the appeal you may
wish to contact the Information Commissioner:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.
Telephone: 08456 30 60 60 or 01625 54 57 45 Website: www.ico.gov.uk
I apologise for the delay in providing this information. Should you have
any other queries, please contact me.
Yours sincerely
show quoted sections
From: Barry Moss, Sr.
27 August 2009
Dear Mr Wiper,
I must now ask you who was it that advised you to deny me the
results of my FOIR, may I ask would it be Alan Eastwood of the
Legal Services Department and the very person to whom any review of
my refused FOIR would go to, the information Commissioner has
iterated that my request should be fulfilled, an investigation is
underway of Bolton Councils Audits for illegally derived income and
the minutes of the parking Policy development group are crucial to
my gathering evidence against the council for unjust enrichment to
their accounts. I would now ask you to review your decision denying
me the information I require and would also ask why it took so long
to reply as you must have known you were going to deny me the FOIR
after day 2 of receiving it.
Yours sincerely,
Barry Moss
From: Wiper, Carl
Bolton Metropolitan Borough Council
27 August 2009
I am out of the office on 28 August 2009.
If you have an urgent enquiry regarding Freedom of Information or Data
Protection please contact my colleague [email address]
I will deal with other emails on my return on 1 September.
Thank you
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
John Edwards left an annotation (29 August 2009)
I think that Bolton Council are hiding something by not releasing information to Barry Moss Sr. If you have nothing to hide then you have nothing to fear. As Barry Moss Sr proved that the parking bays in Bolton were nearly all illegal the council, to my mind, seem to be hiding something. Come on Bolton Council come clean.
John Edwards
From: Wiper, Carl
Bolton Metropolitan Borough Council
1 September 2009
Your request for an internal review regarding your recent request under
the Freedom of Information Act was received in this office on 28 August
2009.
This has been referred to the Monitoring Officer, who will look into the
matter and make a decision on this.
We aim to reach a decision within 20 working days from the receipt of your
request for a review. If that is not possible, we will let you know the
progress we have made in the review and when you can expect to receive a
final response.
Should you have any queries in the meantime, please contact me.
show quoted sections
From: Eastwood, Alan
Bolton Metropolitan Borough Council
1 October 2009
Please find attached response to your request.
Julie Fletcher
On behalf of Alan R Eastwood
Director of Chief Executive's Department
(Direct Line: +44 (0) 1204 331101
Fax No. +44 (0) 1204 331040
e-mail: julie.fletcher[1]@bolton.gov.uk |
Room 106- First Floor, Bolton Council,Victoria Square,
Town Hall, Bolton, BL1 1RU
If you have received this message in error, I apologise for the
inconvenience. If so, please destroy this message and contact me to tell
me about the error.
This message and any attachment is intended for the sole use of the person
named in the address and it may contain privileged or confidential
information, disclosure of which is prohibited by law. If you are not the
addressee, you must not copy or deliver this message to anyone. Thank you
for your co-operation.
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
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From: Barry Moss, Sr.
1 October 2009
Dear Julie Fletcher,
I am appalled and disgusted that whilst the information I requested
was already in the public domain, neither the data controller Mr
Carl Wiper or his colleague Mr Alan Eastwood director of the
corrupt legal services department of Bolton Council knew that it
was in the public domain, why would they think that councils
meetings minutes should not be in the public domain? and my FOI
request highlights the ineptitude of these two officers, I believe
that these two council officers Mr Carl Wiper and his colleague Mr
Alan Eastwood should be removed from their posts with immediate
effect and retrained to the standards required of them by the
taxpayers of Bolton, perhaps they could attend a COMMON PURPOSE
seminar and do the training in SECRET, Mr Wiper and Mr Eastwood
cannnot be excused for not knowing the information was in the
public domain because Bolton Council prefer to hide the information
NOT in the main Bolton.gov.uk website but in some obscure website
called www.democracy.bolton.gov.uk and to which I have been unable
to find any links to it from the main website. These officers
should have checked this murky website first.
Bolton Council are a fiasco and endemic with incompetence.
Its time we had an elected Mayor instead of an elected council
leader.
Mr Eastwood should be removed from his post as monitoring officer
as he is also the person who denies the information in the first
place, which is not very democratic, but more like Autocratic and
smacks of former Soviet Union diplomacy.
Yours sincerely,
Barry Moss
S.McCaw left an annotation ( 2 October 2009)
I have attempted to view said web site. The site is not viewable, and displays HTTP 403 forbidden.
watchingyou left an annotation ( 3 October 2009)
Julie Fletcher, wrote:-
“I have established that the information you have requested is in fact already published on the Council's website and was published there at the time of your request.”
It appears that either by design or accident Bolton Councils front page for www.democracy.bolton.gov.uk Website does not have an index page this then will always give an error if you attempt to access it.
But if you use the search page it does appear to let you use what Bolton Council call the public search tool and by implication there must be more data that is not available to the paying pubic.
http://www.democracy.bolton.gov.uk/cmisw...
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watchingyou left an annotation (27 August 2009)
Due to the fact that the District Auditor is considering exceptionally serious accusations of unlawful enrichment by Bolton Council amounting to millions of pounds which was taken due to the unlawful acquisition of money taken from unsuspecting members of the public after allegedly being issued with unlawful parking penalty charge notices and given the fact that it would not be possible to guess in which particular meetings any discussion about this occurred it is contended that it is reasonable and in the public interest to disclose all of the requested documents.
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