Car Parks under city council control.

The request was partially successful.

Dear Sir or Madam,

Under the freedom of information act 2000. I would be greatfull if you furnish me with the following dataset concerning car parks under City Council Control.

1. Name of Car Park
2. Location of Car Park
3. Status of Car Park i.e owned, leased, managed on behalf of third party etc.
4. Car Park Tariff.
5. Revenue Collected for each car park during 2008.

Yours faithfully,

Tony Hill

Birmingham City Council

28 July 2009

Our Ref: FOI3199

Thank you for your enquiry received on 28 July 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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Birmingham City Council

Dear Mr Hill

Further to your request of 28th July in relation to datasets concerning
car parks under City Council Control it has become necessary to extend the
20 working day time for a response under the Freedom of Information Act
2000 ("the Act"). The current deadline for responding is 25th August
which is 7 working days away.

There is a provision in the Act, at section 10(3), which allows the 20
working day time limit to be extended to a ‘reasonable’ time, where
the authority is required to apply the public interest test, because one
of the ‘qualified’ exemptions applies. In this instance, the Council
believes Section 43 of the Act is likely to apply as it sets out an
exemption from the right to know if the release of the requested
information is likely to prejudice the commercial and or financial
interests of any person. (A person may be an individual, a company, the
public authority itself or any other legal entity.)

Section 43 is a qualified exemption. That is, it is subject to the public
interest test which is set out in section 2 of the Act. Where a public
authority is satisfied that the information requested is a trade secret or
that its release would prejudice someone’s commercial interests, it can
only refuse to provide the information if it is satisfied that the public
interest in withholding the information outweighs the public interest in
disclosing it.

In view of the above the Council proposes to spend not more than 21
working days to consider disclosure in the public interest.

I trust you will find this holding letter satisfactory. Should you have
any queries in connection with this letter, please do not hesitate to
contact me.

Yours sincerely

Bob Wilde
Property and Projects Manager, On and Off-street Parking
Birmingham City council

telephone: 0121 303 6421
email: [email address]
www.birmingham.gov.uk/parking

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The information contained within this e-mail (and any attachment) sent by
Birmingham City Council is confidential and may be legally privileged. It
is intended only for the named recipient or entity to whom it is
addressed. If you are not the intended recipient please accept our
apologies and notify the sender immediately, or telephone +(44)(0)121 464
4444. Unauthorised access, use, disclosure, storage or copying is not
permitted and may be unlawful. Any e-mail including its content may be
monitored and used by Birmingham City Council for reasons of security and
for monitoring internal compliance with the office policy on staff use.
E-mail blocking software may also be used. Any views or opinions presented
are solely those of the originator and do not necessarily represent those
of Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

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Dear Mr Wilde,

Thank you for your response. With note to my request under the freedom of information act. I believe only parts of the request should be subject to a public interest test as described by yourself.

1. Name of Car Park. & 2. Location of Car Park. This information is readily available to any member of the public.

3.Status of Car Park
i.e owned, leased, managed on behalf of third party etc. The status of the car park as to ether it is owned by the council or not could be shown by doing a land registry search i.e public information.

4. Car Park Tariff. This is also readily displayed at every car park that is open to the public.

5. Revenue Collected for each car park during 2008. I do understand that this may qualify for a public interest test but i fail to see how the other parts of my request could be subject to any clause in the act as i believe the information may already be in the public domain.

Yours faithfully,

Tony Hill

Birmingham City Council

1 Attachment

Our Ref: FOI3199
Dear Mr Hill

Further to my email dated 14th August 2009, I am writing in respect of
your recent enquiry for information regarding car parks held by the
Authority under the provisions of the Freedom of Information Act 2000. The
information requested is provided as follows:

Items 1, 2 and 3 - The attached document (FOI3199 Car Park Revenue
2008-09) gives the name of each car park, its location and status.
Item 4 - The Council's car park tariffs are available on the internet.
Visit [1]www.birmingham.gov.uk/parking and you will find a document named
"Car park charges - July 2009"
Item 5 - The attached document (FOI3199 Car Park Revenue 2008-09) also
details the revenue collected for each car park during the Council's
financial year 2008/09 ie. April 2008 to March 2009.

Please note that the details in respect of one of the car parks, which the
Council manages on behalf of a third party, have been excluded at this
stage because we are still awaiting a response from the land owner in
respect of releasing the information. I will write to you again when a
response is received.

Whilst we have undertaken a thorough search of the information held by
Birmingham City Council, it may be that, due to the size and amount of
information held by Birmingham City Council, some information may have
been inadvertently missed.

If you have any information which may assist us in determining or locating
any missed information, we would be grateful if you would contact us with
details of this information, so that we can conduct a further search.

If you are not satisfied with the response you may ask for an internal
review. 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: [2]www.ico.gov.uk

Yours sincerely,

Bob Wilde
Property and Projects Manager, On and Off-street Parking
Birmingham City Council

telephone: 0121 303 6421
email: [email address]
www.birmingham.gov.uk/parking

Re use of Public Sector Information

The information provided is subject to Birmingham City Council copyright,
however, it may be re-used for personal, educational or non-commercial
purposes without further reference to the City Council. If the re-use is
for other purposes, such as commercial re-use, you should notify the City
Council in writing to seek approval or agree terms for re-use. Where
Birmingham City Council does not hold the copyright, it has indicated the
copyright holder. Permission for re-use should be sought from them
directly.

Tony Hill To [email address]
<[FOI #15268 email]> cc
Subject Re: Freedom of Information
24/08/2009 13:43 request - Car Parks under
city council control.

Dear Mr Wilde,
Thank you for your response. With note to my request under the
freedom of information act. I believe only parts of the request
should be subject to a public interest test as described by
yourself.

1. Name of Car Park. & 2. Location of Car Park. This information is
readily available to any member of the public.

3.Status of Car Park i.e owned, leased, managed on behalf of third
party etc. The status of the car park as to ether it is owned by
the council or not could be shown by doing a land registry search
i.e public information.

4. Car Park Tariff. This is also readily displayed at every car
park that is open to the public.

5. Revenue Collected for each car park during 2008. I do understand
that this may qualify for a public interest test but i fail to see
how the other parts of my request could be subject to any clause in
the act as i believe the information may already be in the public
domain.

Yours faithfully,
Tony Hill
-----Original Message-----
Dear Mr Hill
Further to your request of 28th July in relation to datasets
concerning car parks under City Council Control it has become
necessary to extend the 20 working day time for a response under
the Freedom of Information Act 2000 ("the Act"). The current
deadline for responding is 25th August which is 7 working days
away. There is a provision in the Act, at section 10(3), which
allows the 20 working day time limit to be extended to a
?reasonable? time, where the authority is required to apply the
public interest test, because one of the ?qualified? exemptions
applies. In this instance, the Council believes Section 43 of the
Act is likely to apply as it sets out an exemption from the right
to know if the release of the requested information is likely to
prejudice the commercial and or financial interests of any person.
(A person may be an individual, a company, the public authority
itself or any other legal entity.) Section 43 is a qualified
exemption. That is, it is subject to the public interest test which
is set out in section 2 of the Act. Where a public authority is
satisfied that the information requested is a trade secret or that
its release would prejudice someone?s commercial interests, it can
only refuse to provide the information if it is satisfied that the
public interest in withholding the information outweighs the public
interest in disclosing it. In view of the above the Council
proposes to spend not more than 21 working days to consider
disclosure in the public interest. I trust you will find this
holding letter satisfactory. Should you have any queries in
connection with this letter, please do not hesitate to contact me.
Yours sincerely

Bob Wilde Property and Projects Manager, On and Off-street Parking
Birmingham City council

telephone: 0121 303 6421 email: [email address]
www.birmingham.gov.uk/parking

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The information contained within this e-mail (and any attachment) sent by
Birmingham City Council is confidential and may be legally privileged. It
is intended only for the named recipient or entity to whom it is
addressed. If you are not the intended recipient please accept our
apologies and notify the sender immediately, or telephone +(44)(0)121 464
4444. Unauthorised access, use, disclosure, storage or copying is not
permitted and may be unlawful. Any e-mail including its content may be
monitored and used by Birmingham City Council for reasons of security and
for monitoring internal compliance with the office policy on staff use.
E-mail blocking software may also be used. Any views or opinions presented
are solely those of the originator and do not necessarily represent those
of Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

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References

Visible links
1. http://www.birmingham.gov.uk/parking
2. http://www.ico.gov.uk/
3. http://www.whatdotheyknow.com/help/about...

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Birmingham City Council

Date: 15 September 2009
Our Ref: FOI3199

Dear Mr Hill

FREEDOM OF INFORMATION ACT 2000 – REQUEST FOR INFORMATION

I write further to your request for information under the Freedom of
Information Act 2000 in relation to datasets concerning car parks, and our
decision to carry out a public interest test because some of the
information could be confidential or commercially sensitive. We are still
awaiting a response in respect of one of the car parks, which the Council
manages on behalf of a third party.

Under these circumstances, Birmingham City Council can extend the public
interest test deadline for a further reasonable amount of time. We will
endeavour to forward a response to you within the next 14 working days.

If you have any queries please do not hesitate to contact:

The Corporate FOI Unit
First Floor
1 Lancaster Circus
Birmingham
B4 7AB

quoting reference number FOI 3199

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]
***********************************************************************

***********************************************************************

The information contained within this e-mail (and any attachment) sent by
Birmingham City Council is confidential and may be legally privileged. It
is intended only for the named recipient or entity to whom it is
addressed. If you are not the intended recipient please accept our
apologies and notify the sender immediately, or telephone +(44)(0)121 464
4444. Unauthorised access, use, disclosure, storage or copying is not
permitted and may be unlawful. Any e-mail including its content may be
monitored and used by Birmingham City Council for reasons of security and
for monitoring internal compliance with the office policy on staff use.
E-mail blocking software may also be used. Any views or opinions presented
are solely those of the originator and do not necessarily represent those
of Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

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hide quoted sections

Birmingham City Council

Date: 7 October 2009
Our Ref: FOI3199

Dear Mr Hill

FREEDOM OF INFORMATION ACT 2000 *** REQUEST FOR INFORMATION

I write further to your request for information under the Freedom of
Information Act 2000 in relation to datasets concerning car parks. We are
still awaiting a response from a third party who we manage a car park on
behalf of. We will notify you of progress within 10 working days.

I apologise for the delay responding to this part of your request.

If you have any queries please do not hesitate to contact:

The Corporate FOI Unit
First Floor
1 Lancaster Circus
Birmingham
B4 7AB

quoting reference number FOI 3199

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]
***********************************************************************

***********************************************************************

The information contained within this e-mail (and any attachment) sent by
Birmingham City Council is confidential and may be legally privileged. It
is intended only for the named recipient or entity to whom it is
addressed. If you are not the intended recipient please accept our
apologies and notify the sender immediately, or telephone +(44)(0)121 464
4444. Unauthorised access, use, disclosure, storage or copying is not
permitted and may be unlawful. Any e-mail including its content may be
monitored and used by Birmingham City Council for reasons of security and
for monitoring internal compliance with the office policy on staff use.
E-mail blocking software may also be used. Any views or opinions presented
are solely those of the originator and do not necessarily represent those
of Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

***********************************************************************

hide quoted sections