Dispensation permits

Peter Harry made this Freedom of Information request to Torbay Borough Council

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

The request was partially successful.

Dear Torbay Borough Council,
Under to FOI Act, I make the following request.

(1) When did you start operating the dispensation scheme (date)?

(2) How many permits have you provided since the scheme commenced?

(3) What committee of the council approved this scheme?

(4) When was it approved?

(5) To your knowledge, is there anything wrong with this scheme?

Yours faithfully,

Peter Harry

Freedom of Information, Torbay Borough Council

Dear Mr Harry

Thank you for your request for information, which was received on 14 September 2017. We are currently processing your request and will contact you within 20 working days.

If you have any queries regarding your request, please do not hesitate to contact us, quoting the reference number above in all communications.

Yours sincerely

Katherine Boyer
Information Compliance Apprentice
Torbay Council
 
Phone: 01803 207034
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus, Torquay, TQ1 3DR

The Information Compliance Team will aim to acknowledge correspondence within 3 working days unless a restriction is in place.

Dear Freedom of Information,
With such a simple request, I am again surprised at not getting a response within the legal framework.
How much longer do I have to wait?

Yours sincerely,

Peter Harry

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Mr Harry

 

Thank you for your email received on 13 October 2017. I am sorry you have
not received a response, I have sent a reminder to the department.

 

Regards

 

Bee  

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

01803 207177

*: [1][email address]

[2]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

Dear Torbay Borough Council,

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

I am writing to request an internal review of Torbay Borough Council's handling of my FOI request 'Dispensation permits'.

[ By law, Torbay Borough Council should normally have responded promptly and by 12 October 2017. If you were having problems dealing with my request, you could have let me know]

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

Yours faithfully,

Peter Harry

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Mr Harry

 

Thank you for your email received 17 October 2017, I am sorry that you
have still not received a response. I’m afraid we are unable to carry out
an internal review because you have not received a response, an internal
review would be carried out should you be unhappy with the response
received.

 

As the response is overdue and we have still not received anything from
the relevant department you are entitled to contact the ICO.

 

There contact details are as follows:

 

Information Helpline: 0303 123 1113
Commissioner 01625 545 745
 
Wycliffe [1][email address]
House Email:
[2]www.ico.org.uk
Water Lane Website:

Wilmslow

Cheshire SK9
5AF

 

Regards

 

Bee

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

01803 207177

*: [3][email address]

[4]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

Dear Freedom of Information,
I thank you for your update to me 19th October 2017. However, the law requires that you respond to my request ASAP and no later that 20 working days.
The delay is reprehensible. If the department who is now handling the request has been having difficulty answering, they should have let you know long before now.
As a matter of urgency, I would advise you to contact the relevant department immediately and ask them what is holding my request up?

Yours sincerely,

Peter Harry

infocompliance, Torbay Borough Council

1 Attachment

Hello Mr Harry

 

I have called the department and they said will do their best to get it to
me tomorrow

 

Regards

 

Bee

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

01803 207177

*: [1][email address]

[2]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

Freedom of Information, Torbay Borough Council

2 Attachments

Dear Mr Harry

 

Further to your request received on 14 September 2017, I confirm that
Torbay Council has now considered your request under the Freedom of
Information Act 2000.

 

Our response is attached.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.

 

Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.

 

To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog

 

If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this letter
in all communications.

 

If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [2]www.torbay.gov.uk.

 

If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.

 

Information Helpline: 0303 123 1113
Commissioner 01625 545 745
 
Wycliffe [3][email address]
House Email:
[4]www.ico.org.uk
Water Lane Website:

Wilmslow

Cheshire SK9
5AF

 

Yours sincerely

 

Information Compliance

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

: [5][email address]

[6]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

 

 

Please note...
Communications with Torbay Council may be monitored and/or recorded for
lawful purposes. This email is confidential and may also be privileged. If
you are not the intended recipient please notify the sender and delete the
message from your system immediately. The views in this message are
personal; they are not necessarily those of Torbay Council.

References

Visible links
1. http://www.torbay.gov.uk/disclosurelog
2. http://www.torbay.gov.uk/
3. mailto:[email address]
4. http://www.ico.org.uk/
5. mailto:[email address]

Dear Freedom of Information,
I thank you for your belated reply to me.
I am now able to tell the department (presumably "Highways" that dealt with the request) that you have acted unlawfully. How have you done this? You are not allowed by law to charge an administration fee for the issue of a dispensation permit.
TBC has been charging the public for dispensations to park in limited waiting parking bays and loading only parking bays. There is no power under the RTRA 1984 or The Local Authorities (Transport Charges) Regulations 1998 to charge for parking dispensations in these bays. TBC has obtained monies under false pretences and so refunds and a public apology should be issued. Now that I have some of the figures requested, I shall be keeping a close watch on your next moves to implement refunds I shall also be writing to other officers of this council, to make them aware of what has gone on, Including the CEO, so that no one can claim they did not know about it.
I do hope you can immediately take measures to rectify this dreadful situation.
Your figures show that there are 3986 refunds due, that is a considerable sum of money.

If for any reason you do not understand the seriousness of the situation, just read the following link
http://www.devonlive.com/news/devon-news...

And only published yesterday.
And please do not delay any response to me, it is unwarranted.

Yours sincerely,

Peter Harry

Dear Freedom of Information,
I have no idea what is going on in your FOI department.
What you have sent me today 24th October 2017, is a document that you have already sent to me.
What you should be sending to me, is an answer as to what TBC intend to do about the unlawful charges you are requiring applicants to pay for a dispensation Permit.
I have replicated what I sent to you on the 20th October 2017 and do hope that it can be dealt with appropriately.

[ I thank you for your belated reply to me.
I am now able to tell the department (presumably "Highways" that dealt with the request) that you have acted unlawfully. How have you done this? You are not allowed by law to charge an administration fee for the issue of a dispensation permit.
TBC has been charging the public for dispensations to park in limited waiting parking bays and loading only parking bays. There is no power under the RTRA 1984 or The Local Authorities (Transport Charges) Regulations 1998 to charge for parking dispensations in these bays. TBC has obtained monies under false pretences and so refunds and a public apology should be issued. Now that I have some of the figures requested, I shall be keeping a close watch on your next moves to implement refunds I shall also be writing to other officers of this council, to make them aware of what has gone on, Including the CEO, so that no one can claim they did not know about it.
I do hope you can immediately take measures to rectify this dreadful situation.
Your figures show that there are 3986 refunds due, that is a considerable sum of money.

If for any reason you do not understand the seriousness of the situation, just read the following link
http://www.devonlive.com/news/devon-news...

And only published yesterday.
And please do not delay any response to me, it is unwarranted. ]

Does anyone at TDC understand the seriousness of your actions?

Yours sincerely,

Peter Harry

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Mr Harry

 

Thank you for your email received on 24 October 2017, the document I sent
to you on the 20 October 2017 was the response to FOI 17180960 which I
chased the department for to ensure you received it on the Friday morning,
I can find no evidence of having sent this to you twice. I have sent your
email below on to Parking Services for them to respond to.

 

Kind Regards

 

Bee

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

*: [1][email address]

[2]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

Dear Freedom of Information,
Sorry Bee, you are correct, I did not receive the information twice. As I am dealing with two FOI requests with TBC and the replies are on headed paper from you, I was looking at the wrong paper. I do apologise.
However, I have still heard nothing from the department that is dealing with this request.
Can you please chase them up?
Both of my requests are causing some concern, but that is no excuse not to get some sort of reply, it is their fault not mine.

Yours sincerely,

Peter Harry

Freedom of Information, Torbay Borough Council

1 Attachment

Hello Mr Harry

 

Please can you give me a call to discuss this

 

Thank you

 

Bee

 

 

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

01803 207177

*: [1][email address]

[2]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

 

--------------------------------------------------------------------------

Dear Freedom of Information,
Sorry Bee and no offence against you.
I shall not be calling you for various reasons.
All I need is a reply on this public domain where everyone can see it. After all, we do live in a world where there is supposed to be greater transparency. So lets see this transparency thingy working from Torbay Borough Council, then everyone will/can see what is going on.

Yours sincerely,

Peter Harry

Dear Freedom of Information,
I had a request to ring Bee, I turned down that request for reasons I will not go into.
If I had of rung, what did you wish to discuss and why can it (the discussion) not be placed on this site?
In other words, what did you wish to discuss?
Can you please get on to the department that is handling this request and tell them my patience is running out.
The ICO will I am sure be very interested as to what is happening.

Yours sincerely,

Peter Harry

infocompliance, Torbay Borough Council

Dear Mr Harry

 

I am aware that you have been contacting my colleague Bee Laithwaite with
regard to an email you sent to the Council on 20 October 2017 which
stated:

 

“I thank you for your belated reply to me.

 

I am now able to tell the department (presumably "Highways" that dealt
with the request) that you have acted unlawfully. How have you done this?
You are not allowed by law to charge an administration fee for the issue
of a dispensation permit.

 

TBC has been charging the public for dispensations to park in limited
waiting parking bays and loading only parking bays. There is no power
under the RTRA 1984 or The Local Authorities (Transport Charges)
Regulations 1998 to charge for parking dispensations in these bays. TBC
has obtained monies under false pretences and so refunds and a public
apology should be issued. Now that I have some of the figures requested, I
shall be keeping a close watch on your next moves to implement refunds I
shall also be writing to other officers of this council, to make them
aware of what has gone on, Including the CEO, so that no one can claim
they did not know about it.

 

I do hope you can immediately take measures to rectify this dreadful
situation.

 

Your figures show that there are 3986 refunds due, that is a considerable
sum of money.”

 

The email above was as a result of a response you received to request
17180960 in which you were advised:

 

(1)       When did you start operating the dispensation scheme (date)?

 

This information is not held by Torbay Council however we believe this was
in 2006.

 

(2)       How many permits have you provided since the scheme commenced?

 

The records date back to 2007 and 3986 have been issued since May 2007.

 

As the issue you are raising above relates to the way in which our Parking
Department is operating, this is not something which we can deal with
under the Freedom of Information Act 2000 as you are not requesting
information, you are asking us to advise you what the Council will be
doing with regards to issuing refunds to customer for what you believe to
be an illegal process.

 

Therefore, your email was passed to Susie Hayman, Parking Service Lead on
25 October 2017 and our department’s involvement with this matter ended.

 

As it would appear you have not received a response to your enquiry, you
will need to chase this with the relevant department and not through
Freedom of Information.  The email address for Parking Services is
[1][email address]

 

Any further emails from you regarding this particular issue sent to
[2][email address] will be filed and no action taken.

 

Should you wish to raise a complaint about your email not being responded
to, please visit our website at [3]www.torbay.gov.uk/complaints where you
will be able to log a complaint.

 

For information, we currently have no outstanding FOI requests received
from you, these have all been responded to.

 

Yours sincerely

 

Vicky Wills

Information Compliance Advisor

Torbay Council

 

Phone: 01803 207467

Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay, TQ1 3DR

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

 

Please note...
Communications with Torbay Council may be monitored and/or recorded for
lawful purposes. This email is confidential and may also be privileged. If
you are not the intended recipient please notify the sender and delete the
message from your system immediately. The views in this message are
personal; they are not necessarily those of Torbay Council.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.torbay.gov.uk/complaints

Mike Thompson left an annotation ()

There are rules to be followed,Mr Harry has made a lawful FOI request, it has not been answered by TBC. It is the FOI Office that should chase the department that is liable to supply data requested and not the applicants job to chase TBC, I t would be nice to see TBC or indeed any council to comply with the law within permitted time restraints and not abuse the process.

Dear infocompliance,
There has been misdemeanours with this request.
And now I am told by Vicky Wills, that my request finished on the 25th October 2017.
Why wasn't I told this at the time and why wasn't I informed of which department was dealing with this request at the time?
You have given the name of Susie Hayman the lead of parking services.
Why does the FOI department have to act as a go between?
It would be easier for the FOI department, to pass it on to the other department (In this case parking services) with their details at the outset of any request. That way a requester could deal direct with that department.
Now after all this wasted time, that is what I shall be doing.

Yours sincerely,

Peter Harry

infocompliance, Torbay Borough Council

Dear Mr Harry

I am writing to advise you that the matter regarding dispensation permits has been passed to our legal team for consideration.

Yours sincerely

Vicky Wills
Information Compliance Advisor
Torbay Council

Phone: 01803 207467

The Information Compliance Team will aim to acknowledge correspondence within 3 working days unless a restriction is in place.

show quoted sections

Dear infocompliance,
Thank you Vicky, Will they contact me the same way as they are supposed to be doing for the Berry Head issue and that is through the WDTK web site, or will you, before I close down this requests, give me contact details of the legal department as it is very difficult to find contact details of most departments on TBC web site?

Yours sincerely,

Peter Harry

infocompliance, Torbay Borough Council

Dear Mr Harry

I will ask Parking to provide you with a response once one has been
received.

Could I please ask that you now contact [email address] with any
further enquiries regarding this matter as it is not actually something
our team are dealing with.

Kind regards

Vicky

Vicky Wills
Information Compliance Advisor
Torbay Council

Phone: 01803 207467

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

show quoted sections