Traffic Offences in Waltham Forest Borough

P Wilson made this Rhyddid Gwybodaeth request to Metropolitan Police Service (MPS)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Metropolitan Police Service (MPS),

Can you please disclose a list of incidents where a person was processed/issued an FPN/arrested for a traffic offence in Waltham Forest borough in 2014, 2015 and thus far in 2016. Can you please list the date of offence, type of offence, location of offence.

Yours faithfully,

P Wilson

Metropolitan Police Service (MPS)

Dear Mr Wilson

Freedom of Information Request Reference No: 2016040000960

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 20/04/2016.  I note you seek
access to the following information:

"Can you please disclose a list of incidents where a person was
processed/issued an FPN/arrested for a traffic offence in Waltham Forest
borough in 2014, 2015 and thus far in 2016. Can you please list the date
of offence, type of offence, location of offence. "

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.  

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above. Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team
 
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 to discuss the
response with the case officer who dealt with your request.  

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

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Twitter: @metpoliceuk

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Traffic Offences in Waltham Forest Borough'.

A reply to this FOI request is now long overdue and you have not provided a valid reason for this.

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

Yours faithfully,

P Wilson

Metropolitan Police Service (MPS)

Dear Mr Wilson

Freedom of Information Review Reference No: 2016050000729

I write in connection with your request for a review of the handling
and/or decision relating to  2016040000096 which was received by the
Metropolitan Police Service (MPS) on  18/05/2016.  

A review will now be conducted in accordance with the Code of Practice
issued under Section 45 of the Freedom of Information Act 2000 (the Act).
 The reviewing officer will reconsider the original request before
responding to you with their findings.

There is no statutory time limit in relation to the completion of an
Internal Review.  However, the MPS aim to complete Internal Reviews within
20 working days or in exceptional cases, within 40 working days.  This is
based upon guidance published by the Information Commissioner.

If it is not possible to complete the Internal Review within this
timescale you will be informed at the earliest opportunity.

If you are unhappy with the outcome of an Internal Review you may wish to
refer the matter to the Information Commissioner's Office (ICO).

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Yours sincerely

Peter Deja
Support Officer - Freedom of Information Triage Team

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Wilson

Freedom of Information Request Reference No: 2016040000960

I am emailing you in connection with your request for information which
was received by the Metropolitan Police Service (MPS) on 20/04/2016.  I
note you seek access to the following information:

Can you please disclose a list of incidents where a person was
processed/issued an FPN/arrested for a traffic offence in Waltham Forest
borough in 2014, 2015 and thus far in 2016. Can you please list the date
of offence, type of offence, location of offence.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated.

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.  Please see the legal annex for further
information on this section of the Act.

For your information we are considering the following exemption(s):

Section 30 - Investigations

I can now advise you that the amended date for a response is the 16th of
June 2016.

May I apologise for any inconvenience caused.

Should you have any further enquiries concerning this matter, please email
me at [email address], quoting the reference number above.

Yours sincerely

Lisa Murphy
Information Manager

LEGAL ANNEX

Section 17(2) provides:

(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.

 
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 to discuss the
response with the case officer who dealt with your request.  

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear P Wilson

Freedom of Information Internal Review Reference No: 2016050000729

I write in connection with your request (dated 19/05/2016) for an internal
review in relation to your FoIA request (ref: 2016040000960).  The request
was as follows:

'Can you please disclose a list of incidents where a person was
processed/issued an FPN/arrested for a traffic offence in Waltham Forest
borough in 2014, 2015 and thus far in 2016. Can you please list the date
of offence, type of offence, location of offence.'

DECISION

The Metropolitan Police Service (MPS) has completed its review and
determined that the correct procedure has been followed in relation to
your request.

The statutory deadline for a response to your request is 19/05/2016.

A valid refusal notice indicating that one or more qualified exemptions
are being considered has been sent to you within 20 working days along
with an estimated response date.

REASON FOR DECISION        

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. Section 1(1) of the Act requires a
public authority in receipt of a request to confirm whether they hold the
requested information and if so, communicate it to the applicant.
Furthermore, the Freedom of Information Act is designed to place
information into the public domain. Therefore, once access to information
is granted to one person under the Act, it is then considered to be public
information and must be communicated to any individual upon request.

The right of access to information is subject to a number of exemptions
that are designed to enable public authorities to withhold information
that is not suitable for release. The Act also specifies a number of
requirements for public authorities to adhere to when responding to
requests for information.

Section 10 (Time for compliance with request)

Section 10(1) of the Act states:

‘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.’

Your initial request for information was received by the MPS on 20/04/2016
and a full response to your query had not been provided by the time you
requested an internal review on 19/05/2016.

Section 10(3) exempts a public authority from the need to provide the
information requested ‘until such time as is reasonable in the
circumstances’ if, and to the extent that, section 1(1) would not apply
due to the application of one or more of the qualified exemptions listed
in part II of the Act. Qualified exemptions are subject to a public
interest test.

However, it would still be necessary to provide a section 17(1) refusal
notice within 20 working days stating that the information may be exempt
and specifying the relevant exemption(s).

Where a public authority is considering applying an exemption that
requires a public interest test, section 17(2) requires the refusal notice
to indicate that no decision regarding the application of the exemption
has yet been reached and to contain an estimate of the date by which the
authority expects that such a decision will be reached.

Section 17(3) requires a public authority that is to any extent applying
an exemption that requires a public interest test to state the reasons for
claiming that the public interest in maintaining the exemption outweighs
the public interest in disclosing the information ‘within such time as is
reasonable in the circumstances’.

You have been issued with a refusal notice today (19/05/2016) advising
that the MPS are considering the applicability of qualified exemptions
(i.e. section 30) and providing an estimate of the date by which a
decision is expected to be reached (i.e. 16/06/2016). When the early May
bank holiday on 02/05/2016 is taken into account, the 20th working day
following the receipt of your request is 19/05/2016. Therefore, at the
time of writing, the MPS have complied with the requirements of section 10
and section 17 of the Act.  

There is no statutory time limit in relation to the length of time a
public authority may take to consider the public interest in relation to
the application of a qualified exemption.  

However, the Information Commissioner’s Office has issued good practice
guidance that indicates that the total time taken to respond to a request
should not exceed 40 working days.

As a response to your request is currently outstanding, I am unable to
complete a full internal review in relation to your request.  However,
should you be dissatisfied with the MPS response to your request, you may
request an internal review in relation to the decision.

Yours sincerely

Brian Wilson
Information Law Advisor

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

2 Atodiad

Dear Mr Wilson

Freedom of Information Request Reference No: 2016040000960

I am emailing you in connection with your request for information which
was received by the Metropolitan Police Service (MPS) on 20/04/2016.  I
note you seek access to the following information:

Can you please disclose a list of incidents where a person was
processed/issued an FPN/arrested for a traffic offence in Waltham Forest
borough in 2014, 2015 and thus far in 2016.

Can you please list the date of offence, type of offence, location of
offence.

SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
with our Met Prosecutions Team and Waltham Forest Borough.  The searches
located information relevant to your request.

DECISION

I have today decided to disclose some of the requested information.  Some
data has been withheld as it is exempt from disclosure and therefore this
response serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (the Act).  Please see the legal annex for further
information on the exemptions applied in respect of your request.

REASONS FOR DECISION

Section 40(2)(a)(b)(3)(a)(i)(ii)(b) is an absolute exemption and requires
neither an evidence of harm or public interest test in justification for
its use.

Under Section 40(2) and (3) of the Act, Public Authorities are able to
withhold information where its release would identify any living
individual and breach the principles of the Data Protection Act 1998
(DPA).  I have applied this exemption in that the disclosure of the date
and location of the offence could result in a specific incident being
identified and therefore providing knowledge of an individual of who may
have committed an offence.

DISCLOSURE

Arrests

FPN's and TOR's

Should you have any further enquiries concerning this matter, please email
me at [email address], quoting the reference number above.

Yours sincerely

Lisa Murphy
Information Manager

LEGAL ANNEX

Section 17(1) 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 in
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 the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 40(2)(3) of the Act provides:

(2) Any information to which a request for information relates is also
exempt information if—

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

(3) The first condition is—

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene—

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the Data
Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.

I have applied this exemption in that the disclosure of specific dates and
locations of offences could cause a person's identity to be revealed.  If
this occurs due to the information provided by the MPS, this constitutes
personal data, which would be in breach of the rights provided by the DPA.

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, 10 Lambs Conduit Street, London, WC1N 3NR.
 
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 to discuss the
response with the case officer who dealt with your request.  

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk