3GS UK Limited Court Prosecutions/Statistical data

Waiting for an internal review by Rhondda Cynon Taf County Borough Council of their handling of this request.

Dear Rhondda Cynon Taff Council,

I have asked you to supply me with.

The number of Court Prosecutions under the Environmental Act, The costs awarded to RCT Council and the Costs awarded to 3GS UK Limited.

Your reply was .

631 Prosecutions.
£71,453 in costs awarded to the Council.
£0 to 3GS UK Limited.

I have asked you to give me a breakdown of your costs.

Your reply was.
£80 Enforcement Officer costs and £40 Legal Officer costs.

Your Service Contract places the task of monitoring and pursuit of unpaid FPN'S issued by 3GS UK Limited on 3GS UK Limited.

I would like to know.

1. Please give me the cost breakdown of the Court costs you have claimed for 3GS UK Limited issued FPN'S.

2. The job title of the Public Servant that is tasked with answering this request.

3. Please supply me in electronic form.

a. All monthly reports from 3GS UK Limited supplied to RCT Council which covers the number of FPN'S issued, Type of offence and location issued.

b. All quarterly reports from 3GS UK Limited to RCT Council covering complaints received. Excluding any personal information.

Yours faithfully,

M Davies

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Julian
Thank you for your request for information which is receiving attention.

We are looking into this matter and shall contact you again in due course.

Yours sincerely

Jordan Smith
Apprentice Adminastrive Assistant
Gwasanaethau Cyfreithiol a Llywodraethol | Legal & Democratic Services
Swyddfa Cwm Clydach Office Clydach Vale 01443 424029
Pafiliwn E, Y Pafiliynau, Parc Hen Lofa’r Cambrian, Cwm Clydach, CF40 2XX
Pavilion E, The Pavilions, Cambrian Park, Clydach Vale, Tonypandy CF40 2XX
[1][email address]

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Dear Freedomofinformation,

Nice to see a quick response but I am not Julian.

Yours sincerely,

M Davies

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear M Davies
Thank you for your request for information which is receiving attention.

We are looking into this matter and shall contact you again in due course.

Yours sincerely

Jordan Smith
Adminastrive Assistant
Gwasanaethau Cyfreithiol a Llywodraethol | Legal & Democratic Services
Swyddfa Cwm Clydach  Office Clydach Vale 01443 424029
Pafiliwn E, Y Pafiliynau, Parc Hen Lofa’r Cambrian, Cwm Clydach, CF40 2XX
Pavilion E, The Pavilions, Cambrian Park, Clydach Vale, Tonypandy CF40 2XX
[1][email address]

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Gummer, Claire,

Dear Mr Davies

Thank you for your request for information which is receiving attention.

We are looking into this matter and shall contact you again in due course.

Yours sincerely

Claire

Claire Gummer
Corporate Governance Team
Legal & Democratic Services
Rhondda Cynon Taff C.B.C.
The Pavilions
Cambrian Park
Clydach Vale
Tonypandy
CF40 2XX

Tel: (01443) 424111
Fax: (01443) 424114
Email: [1][email address]

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Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Mr Davies

We refer to your Freedom of Information Requests in respect of 3GS
Enforcement Officers.

Under Section 14(1) of the Freedom of Information Act, public authorities
are not obliged to comply with a request which is classed as vexatious or
repeated.

In this case, the Corporate Governance Team is treating your requests as
vexatious for the following reasons:

Since January 2016 you have submitted 14 FOI Requests all connected to the
Council’s ‘Who done it’ campaign and the company, 3GS . The volume of
requests have put an excessive burden on officers and resources and
continue to do so, as you continue to submit requests of a similar nature.
This is diverting officers away from their day to day duties.

We also believe that your request have become obsessive in their nature
and the most recent requests now no longer justify a continued persistence
or response from the Council in relation to these matters. Whenever
information has been provided, this invariably leads to further requests
for more information. On some occasions you have submitted two requests on
the same day or submitted requests within days of each other.

It is highly likely that you will continue to make requests in respect of
Civil Enforcement Officers, 3GS Limited and the Council’s ‘Who Done It’
Website (which are all interlinked) no matter what response to a request
is provided.

It is difficult therefore to find any actual purpose behind the requests.
It must be understood that the Freedom of Information Act is not a tool to
be used if you have a complaint or grievance about such matters, which
seems to be the case here.

Responding to your requests has taken up a significant amount of time and
has lead to involvement by several officers and senior managers. We feel
that it is no longer in the public interest to continue to devote more
time to your requests on these matters.

On this basis, the Corporate Governance Team has decided that Section
14(1) of the FOI Act applies on this occasion and this email accordingly
acts as a refusal notice

As has previously been suggested to you, you may if you wish, submit a
complaint to the Council about a particular issue or issues you have with
the subject matter linked to your requests. We would suggest this is the
most appropriate way to resolve these rather than through the FOI process.

You may also, if you so wish, complain to the Information Commissioner's
Office. Further information on how to do so is available on their website
at [1]www.ico.org.uk

Yours sincerely

Corporate Governance Team

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Dear Freedomofinformation,
Purpose behind the requests?
I am very concerned about your use of a private Enforcement company which is clearly all about making money.
A 1300% increase in FPN'S yet Fly-Tipping and Dog Fouling convictions down by two thirds.

A Private Company being rewarded even when they issue an FPN with false details.

£71,453 in costs awarded by the Court to RCT Council for 631 convictions. Yet your service contract clearly states that it is 3GS UK Limited that has the burden of prosecution work. I will bet a pound to a penny that most of those 631 convictions were for 3GS issued FPN'S.
I have personally spoken to someone that was taken to Court over an unpaid £25 instalment (Which the Court actually threw out).
A carer who was tricked into accepting an FPN personally for her adult charge discarding a Cigarette butt. With the threat of the Police of course.
The amount of money that has been taken out of this County is obscene.
You have delayed all requests that have been made.
I think it is in the public interest to know all the facts. Including the monthly reports that I have asked for.
And also how many Private Enforcement Officers there are in this county and what the turnover in the numbers are.

Yours sincerely,

M Davies

Dear Rhondda Cynon Taff Council,

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

I am writing to request an internal review of Rhondda Cynon Taff Council's handling of my FOI request '3GS UK Limited Court Prosecutions/Statistical data'.

Review request for ICO complaint.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/3...

Yours faithfully,

M Davies

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Mr Davies

Please can you set out in writing on what grounds you request an appeal.

Yours sincerely

Corporate Governance Team
for Director of Legal & Democratic Services

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Dear Freedomofinformation,

See above.

Yours sincerely,

M Davies

Jones, Christopher B (Legal),

SENT ON BEHALF OF MR. CHRISTOPHER JONES, DIRECTOR OF LEGAL & DEMOCRATIC
SERVICES

Dear Mr Davies

As the Director of Legal & Democratic Services it falls to me consider
requests for internal reviews. I note you have chosen not to provide any
clarification as to your reasons for requesting an internal review or on
what basis you disagree with the response other than referring to what is
contained in your email sent at 23.44 on 17/10/16.

I have reviewed the response you received to this request. Following my
review I uphold and support the conclusions reached in regards to the
Council's response.

Under Section 14(1) of the Freedom of Information Act, public authorities
are not obliged to comply with a request which is classed as vexatious or
repeated.

In this case, the Corporate Governance Team declared your requests as
vexatious for the following reasons:

Since January 2016 you have submitted 14 FOI Requests all connected to the
Council’s ‘Who done it’ campaign and the company, 3GS . The volume of
requests have put an excessive burden on officers and resources and
continue to do so, as you continue to submit requests of a similar nature.
This is diverting officers away from their day to day duties.

They also concluded that your requests have become obsessive in their
nature and the most recent requests now no longer justify a continued
persistence or response from the Council in relation to these matters.
Whenever information has been provided, this invariably led to further
requests for more information. On some occasions you have submitted two
requests on the same day or submitted requests within days of each other.

It is highly likely that you will continue to make requests in respect of
Civil Enforcement Officers, 3GS Limited and the Council’s ‘Who Done It’
Website (which are all interlinked) no matter what response to a request
is provided.

It is difficult therefore to find any actual purpose behind the requests.
It must be understood that the Freedom of Information Act is not a tool to
be used if you have a complaint or grievance about such matters, which
seems to be the case here.

Responding to your requests has taken up a significant amount of time and
has lead to involvement by several officers and senior managers. They
concluded that it is no longer in the public interest to continue to
devote more time to your requests on these matters.

On this basis, the Corporate Governance Team decided that Section 14(1) of
the FOI Act applies on this occasion and this email accordingly acts as a
refusal notice.

I concur with these findings. As has previously been suggested to you, you
may if you wish, submit a complaint to the Council about a particular
issue or issues you have with the subject matter linked to your requests.
I understand you have now pursued this course of action and consider this
is the most appropriate way for you to resolve these rather than through
the FOI process.

You may if you so wish now complain to the Information Commissioners'
Office if you remain dissatisfied with the Council's response. They can be
reached via [1]www.ico.org.uk.

Kind regards

Chris Jones

Director, Legal & Democratic Services

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Dear Jones, Christopher B (Legal),

You have only answered this because of the letter from the ICO ordering you to answer.
You have attacked the people of this county with this private contract in order to make money and are afraid to state the truth which is in the information I am asking for.

Yours sincerely,

M Davies

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Mr Davies

Following discussions with the Information Commissioner’s Office the
Council is now issuing a revised response to this request which is set out
below:

“I have asked you to supply me with.

The number of Court Prosecutions under the Environmental Act, The costs
awarded to RCT Council and the Costs awarded to 3GS UK Limited.

Your reply was .

631 Prosecutions.
£71,453 in costs awarded to the Council.
£0 to 3GS UK Limited.

I have asked you to give me a breakdown of your costs.

Your reply was.

£80 Enforcement Officer costs and £40 Legal Officer costs.

Your Service Contract places the task of monitoring and pursuit of unpaid
FPN'S issued by 3GS UK Limited on 3GS UK Limited.

I would like to know.

1. Please give me the cost breakdown of the Court costs you have claimed
for 3GS UK Limited issued FPN'S.

To clarify and reiterate previous responses. 3GS get no money from any
court case. They monitor the fixed penalty issued and when there is a non
payment, they then prepare the case file which is then passed to the
Council Director of Legal & Democratic Services department for
authorisation to proceed to court. At this stage 3GS have no further
involvement. Once the person is summonsed to court, they can plead guilty
by post or in person, plead not guilty or the case can be heard in their
absence if they fail to turn up. The Court then decides any penalties,
this is broken down into three categories a fine, Victim Surcharge and
court costs. The courts receive the fine and victim surcharge, the Council
receive the Court costs. As a general rule the legal department request
court costs @ £120 which covers the time for the file building, any
letters sent and work carried out in the Legal department. The Legal
department on occasion request a higher figure if it is a complicated
case, involving multiple offences etc. However these are only requests,
the Court has the final decision on what the defendant must pay and that
is why there is variation in the Court costs issued.

These court costs are always paid to the Council and No monies are
provided to 3GS or any officer.

2. The job title of the Public Servant that is tasked with answering this
request.

It was responded too by officers from the Street Care department who work
under the Director of Highways & Street Care.

3. Please supply me in electronic form.

a. All monthly reports from 3GS UK Limited supplied to RCT Council which
covers the number of FPN'S issued, Type of offence and location issued.

3GS provide monthly information for internal Management meetings in
relation to the amount of FPN’s issued and money collected. 3GS also
invoice the Council each month for fixed penalty notices issued for the
previous month. The council make no request of data to include Type of
offence or location issued as they do not ask this of their own employees
who issue fixed penalties. That information will only be on the Fixed
Penalty Notice issued.

b. All quarterly reports from 3GS UK Limited to RCT Council covering
complaints received. Excluding any personal information”.

No reports are requested or supplied. The information is not held. Each
individual complaint is dealt with by telephone, letter or email response.
These responses are stored electronically for future reference (except
telephone). There is always a dialogue between the 3GS Coordinator and the
Council manager in relation to complaints made; if the customer is not
happy with the response, then it will be passed to the relevant Council
manager.

If you are unhappy with the reissued response, you can request a review of
the same. If you wish to exercise this right, please set out in writing
your grounds and send your appeal to Mrs Julie Llewellyn. She may be
reached at [1][email address] or at RCT CBC, The
Pavilions, Clydach Vale, Tonypandy, CF40 2XX.

Additionally you may, if you wish, find out more about the Freedom of
Information Act & Environmental Information Regulations from the
Information Commissioner at [2]http://www.ico.org.uk/

Yours sincerely

Corporate Governance Team
for Director of Legal & Democratic Services

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Dear Freedomofinformation,

I again refer you to your Service Contract Agreement with 3GS UK Limited.

7.0  
QUALITY ASSURANCE 
 
7.1 
3GS will provide the following to the Council;  
 
•  a  m o n t h l y   report  covering  t h e   number  FPNs  have  been  issued, including the 
type of offence for each and the  locations served 
•  a  q u a r t e r l y   report  covering  number  of  formal  complaints  received,  time  taken 
to respond,  method  of  response,  complaint  outcomes  ( that  must  be  in  compliance 
with clause 13 below) 

It states clearly the contractual obligation of 3GS to issue the reports I have requested. Which for accountability should be expected. Are you trying to say that you have a Private company on the streets of this county making thousands of pounds for them and for you. And also attacking residents via the media. Yet you claim that you don't actually have these reports? Again I ask you to make them available.

As for asking for the job title of the Public Servants that answer these requests. As I have been given wrong information and been blocked for months I don't like Team replies.

Also the issue of Court Costs awarded by the Magistrates Court which are rubber stamped in bulk is a national disgrace as it is. The involvement of a Private Company which you are still claiming costs for is something I intend to pursue further.

Yours sincerely,

M Davies

dennis fallon left an annotation ()

Congratulations on tackling the network than consists of RCT Council and its Legal people and the Courts which are supposed to be places of Justice. Please check out my recent FOI query to RCT based on your good work, and see how they try to fob me off also.Best wishes to you.