Fines for vehicles obstructing pavements

Michael Dixon made this Freedom of Information request to Merseyside Police

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Dear Merseyside Police,

How many fines were issued by Merseyside Police for vehicles obstructing the
pavement in Wirral, annually for each of the past five years?

Yours faithfully,

Michael Dixon

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
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*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
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Although every effort will be made to ensure a response is provided within
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unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

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Freedom Of Information, Merseyside Police

Dear Mr Dixon,

 

I write in connection with your application for information which was
received by Merseyside Police on 22/08/2021 . I note that you seek access
to the following information:

 

How many fines were issued by Merseyside Police for vehicles obstructing
the pavement in Wirral, annually for each of the past five years?

 

The Information Commissioner requires public authorities to ensure that a
Freedom of Information application is fully understood before providing a
response. Where there is ambiguity in an application, public authorities
are required to seek clarification of the information that you require. 
To enable Merseyside Police to meet your request could you please provide
this office with further information? I provide some guidance that may
assist you more clearly to describe the information.

 

Merseyside Police issue Fixed Penalty Notices for vehicles obstructing the
pavement, the Force do not deal with fines.  Fines are dealt with through
the court, therefore this FOI would be Section 32 Exempt as this is court
information.  However, we can provide the number of Fixed Penalty Notices
issued, although they may not all relate to footways. Similarly dangerous
parking offences may also take place with a vehicle on a footway.  Where
there are single or double yellow lines alongside the footway, the local
authority may have issued Penalty Charge Notice for the contravention, as
the prohibition of waiting applied to the carriageway and footway.

 

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory time scale of
20 working days as defined by the Freedom of Information Act 2000, subject
to the information not being exempt or containing reference to a third
party.

 

However, if the requested information has not been received by one month
after the above date, I will consider that you no longer wish to proceed
with this request and it will be treated as withdrawn.

 

There may be a fee payable for the retrieval, collection and provision of
the information you request. If this is the case you will be informed and
the 20 working day time scale will be suspended until we receive the
payment from you. If you chose not to make a payment then your request
will remain unanswered.

 

Yours faithfully,

 

 

 

S. Haworth.

Disclosure Analyst

Merseyside Police

Data Access Unit

PO Box59

LIVERPOOL

L69 1JD

E-mail [1][Merseyside Police request email]

Fax. 0151 777 1675

 

 

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If you have received this email in error please notify the sender as soon
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taken to ensure that this email message has been swept for the presence of
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including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
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References

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1. mailto:[Merseyside Police request email]

Dear Merseyside Police,
S. Haworth.
Disclosure Analyst
Merseyside Police

Thank you for your explanatory reply to my request for information relating to parking on pavements. I accept that you cannot supply information about fines. However, I am not clear about what information you can supply.

You state that "Merseyside Police issue Fixed Penalty Notices for vehicles obstructing the
pavement" and that "we can provide the number of Fixed Penalty Notices
issued". That is the information that I am requesting, annually for each of the last 5 years.

However you qualify that by saying "they may not all relate to footways. Similarly dangerous
parking offences may also take place with a vehicle on a footway. Where
there are single or double yellow lines alongside the footway, the local
authority may have issued Penalty Charge Notice for the contravention, as
the prohibition of waiting applied to the carriageway and footway."

I am not clear about these distinctions, in particular "similarly dangerous parking offences" taking place with a vehicle on a footway. Are you saying that a footway offence exists, but that it may not be obstruction? If so, would that category be included in your Fixed Penalty Notice numbers?
And are you also saying that some offences of obstruction may be missed from the figures as they are recorded as single or double lines restriction offences rather than pavement obstruction? If so, I take it these would not be included in your figures, which would therefore become an underestimate?

I may, of course, have misunderstood partially or completely, in which case apologies.

I repeat my request, with "fines" replaced by "Fixed Penalty Notices":

How many Fixed Penalty Notices were issued by Merseyside Police for vehicles obstructing
the pavement in Wirral, annually for each of the past five years?

And further request that you give any clarifying explanation as to what is and is not included in the figures.

Thank you.

Yours faithfully,

Michael Dixon

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances delays may be
unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

Freedom Of Information, Merseyside Police

1 Attachment

Dear Applicant,

 

Response Letter - FOI Application SH-2021-0964 (please quote in all
correspondence)

 

I write in connection with your request for information, dated 22^nd
August 2021, concerning:

 

How many fixed penalty notice were issued by Merseyside Police for
vehicles obstructing the pavement in Wirral, annually for each of the past
five years?

 

Following receipt of your request, searches were conducted within
Merseyside Police to locate information relevant to your request.

Your request for information has been considered and I am not obliged to
supply the information that you have requested.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you the applicant with a notice which:

(a) states that fact,

(b) specifies the exemption(s) in question and

(c) states (if that would not otherwise be apparent) why the exemption
applies.

 

Reason for Decision:

 

Exempt under Section 12(1) of the Freedom of Information Act.  Section
1(1) does not oblige a public authority to comply with a request for
information if the authority estimates that the cost of complying with the
request would exceed the appropriate limit.

[1]https://www.legislation.gov.uk/ukpga/200...

 

This communication therefore serves as a Refusal Notice under the FOI
Act. 

 

However, information disclosed under the provisions of Section 16 of the
Act is also shown on the response table by way of assistance to you,
please see attached.

Should you have any further enquiries concerning this matter, please write
to or e-mail me at the below address, quoting the reference number above.

Yours sincerely,

 

 

S. Haworth

Disclosure Analyst
FOI Team
Data Access Unit
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
E-mail: [2][Merseyside Police request email]

 

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Freedom of Information Team

Data Access Unit
Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

 

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[3]http://www.ico.org.uk

 

 

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================*

References

Visible links
1. https://www.legislation.gov.uk/ukpga/200...
2. mailto:[Merseyside Police request email]
3. http://www.ico.org.uk/