Littering and Dog Fouling Fixed Penalty Notices

Response to this request is long overdue. By law, under all circumstances, Lewes District Council should have responded by now (details). You can complain by requesting an internal review.

Dear Lewes District Council,

Could you answer the following questions please?

1. Which department is responsible for enforcing against Littering?
2. Do you use a private company to enforce against Littering?
3. If you answered yes to question 2, could you confirm the name of the private company?
4. What is the full price of a Littering Fixed Penalty Notice (FPN)?
5. Do you have a discounted price for a littering FPN and if yes, how long is the discounted period? e.g. The FPN will be discounted to £50 if paid within 10 days.
6. How many FPNs did you issue for littering in 2018?
7. How many FPNs issued for Littering in 2018 were paid?
8. How many FPNs issued for Littering in 2018 were prosecuted for failing to pay the FPN?
9. How many FPNs issued for Littering in 2018 were for smoking-related materials e.g. Cigarette butts, rolled up cigarettes or Cigars?
10. Could you confirm which department is responsible for enforcing against Dog Fouling?
11. Do you use a private company to enforce against Dog Fouling?
12. If you answered yes to question 11, could you confirm the name of the private company?
13. What is the legislation you enforce Dog Fouking under? e.g. Dog Control Order, fouling of land act or PSPO etc.
14. How many FPNs did you issue for Dog Fouling in 2018?
15. How many FPNs issued for Dog Fouling in 2018 were paid?
16. How many FPNs issued for Dog Fouling in 2018 were prosecuted for failing to pay the FPN?
17. Do you enforce against any other Dog Control Orders or PSPO’s that are dog related?
18. What is the full price of a Dog Fouling FPN?
19. Do you have a discounted price for a Dog Fouling FPN and if yes, how long is the discounted period? e.g. The FPN will be discounted to £50 if paid within 10 days.
20. How many Parks do you have within the local authority boundary
21. If you have answered yes to questions 2 and 11, could you confirm the contract end date?

With thanks,

Richard Bingham

Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

 

Please contact me again if you require any assistance with your request
and I will do my best to provide the relevant help and advice.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

1 Attachment

Dear Mr. Bingham,

 

Thank you for your Freedom of Information request dated 12 February 2020 
which has been registered under reference FOI 10720.

 

1. Which department is responsible for enforcing against Littering?

2. Do you use a private company to enforce against Littering?

3. If you answered yes to question 2, could you confirm the name of the
private company?

4. What is the full price of a Littering Fixed Penalty Notice (FPN)?

5. Do you have a discounted price for a littering FPN and if yes, how long
is the discounted period? e.g. The FPN will be discounted to £50 if paid
within 10 days.

6. How many FPNs did you issue for littering in 2018?

7. How many FPNs issued for Littering in 2018 were paid?

8. How many FPNs issued for Littering in 2018 were prosecuted for failing
to pay the FPN?

9. How many FPNs issued for Littering in 2018 were for smoking-related
materials e.g. Cigarette butts, rolled up cigarettes or Cigars?

10. Could you confirm which department is responsible for enforcing
against Dog Fouling?

11. Do you use a private company to enforce against Dog Fouling?

12. If you answered yes to question 11, could you confirm the name of the
private company?

13. What is the legislation you enforce Dog Fouking under? e.g. Dog
Control Order, fouling of land act or PSPO etc.

14. How many FPNs did you issue for Dog Fouling in 2018?

15. How many FPNs issued for Dog Fouling in 2018 were paid?

16. How many FPNs issued for Dog Fouling in 2018 were prosecuted for
failing to pay the FPN?

17. Do you enforce against any other Dog Control Orders or PSPO’s that are
dog related?

18. What is the full price of a Dog Fouling FPN?

19. Do you have a discounted price for a Dog Fouling FPN and if yes, how
long is the discounted period? e.g. The FPN will be discounted to £50 if
paid within 10 days.

20. How many Parks do you have within the local authority boundary 21. If
you have answered yes to questions 2 and 11, could you confirm the
contract end date?

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor.

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [1][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 20 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Regards,

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[3]www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough
Council: 1 Grove Road, Eastbourne BN21 4TW 
[4]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

 

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All written communications sent by and to Eastbourne Borough Council are
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aware that this email or the information contained in it may be disclosed
without notice to a third party making a request for information about the
subject matter of this email.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.lewes-eastbourne.gov.uk/
4. http://www.lewes-eastbourne.gov.uk/

Kevin Rance,

The FOI request you have received was part of a batch previously submitted by another individual to a group of several hundred local authorities. Lewes District Council was, as far as I am aware, the only one which failed to answer either in full or in part without needing 'proof of identification'.

Furthermore, you may or not be aware that the website www.whatdotheyknow.com, through which this request was submitted, exists to make the process of submitting FOI requests easier. It also publicly displays correspondence, reducing the burden caused by duplicate requests from seperate people. Therefore, if I were to send any identification documents, they would be publicly displayed.

On that basis, I do not believe that your request for idenfication is reasonable, necessary or proportionate.

You state that 'the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests'. Please state what these concerns are.

I note that in the ICO's guidance document you have provided, the following is said:

'In most cases, authorities shouldconsider FOI and EIR requests without reference to the identity or motives of the requester. Their focus should be on whether the information is suitable for disclosure into the public domain, rather than the effects of providing the information to the individual requester.'

Yours sincerely,

Richard B.

Dear Mr. Bingham,

Thank you for your email dated 13 February 2020.

As previously stated the Council has concerns over the receipt of anonymous and, possibly, pseudonymous requests. A request should be one that -

“…states the name of the applicant and an address for correspondence”

The use of pseudonyms removes the Council's protection against an individual submitting multiple, extensive requests. The Council is legally bound to protect the public funds it administers and this includes ensuring officer time is used in the most effective way.

Your request will remain on hold until I receive your proof of identity. This can be submitted to [email address] or hard copies sent to -

Information Governance Department
Southover House
Southover Street
Lewes
BN7 1AB

If I do not hear from you within 20 working days of the date of the original email I will assume that you no longer wish to proceed with your information request, and will take no further action.

Regards,

Kevin Rance
Information Governance Officer
Tel: +44(0)1273 471600
[email address]
Lewes and Eastbourne Legal Services acting on behalf of Lewes District Council and Eastbourne Borough Council

show quoted sections

Dear foi,

Please list forms of identification the coincil views as acceptable.

Yours sincerely,

Richard

Dear Mr. Bingham,

The Council will accept anything which establishes your name. Usual forms of proof are passport or drivers licence but also utility bill or other official letter.

We will be happy to accept other forms as long as they can be verified.

Regards,

Kevin Rance
Information Governance Officer
Tel: +44(0)1273 471600
[email address]
Lewes and Eastbourne Legal Services acting on behalf of Lewes District Council and Eastbourne Borough Council

show quoted sections

Dear foi,

Hello,

I don't have any utility bills in my name. Nor do I have a UK driving license or passport.

Please list some other forms of acceptable identification.

Yours sincerely,

Richard

Dear Mr. Bingham,

Thank you for your email dated 17 February 2020.

I'm sorry to hear that you do not possess any of the usual forms of identification but, as previously stated, we will be happy to accept other forms as long as they can be verified.

You will be aware of the forms of proof that you do hold so if you advise us of what they are via [email address] we will confirm our acceptance or otherwise.

Until then no further correspondence will be entered into and your request will remain on hold.

Regards,

Kevin Rance
Information Governance Officer
Tel: +44(0)1273 471600
[email address]
Lewes and Eastbourne Legal Services acting on behalf of Lewes District Council and Eastbourne Borough Council

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB  www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough Council: 1 Grove Road, Eastbourne BN21 4TW  www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

Save a tree… please do not print this email unless you really need to This email is confidential and for the exclusive use of the above named addressee(s) or an authorised agent. If you are not the intended recipient(s), you are prohibited from copying, distributing, disseminating, or in any other way using the content of this email. If you have received this email in error, please contact the sender using the contact details given above.
All our Network computers operate virus-scanning but we make no guarantee that any attachment to this email is free from computer viruses. You are advised to check all attachments using your own virus-scanning software before opening or executing them.
All written communications sent by and to Eastbourne Borough Council are subject to the Freedom of Information Act 2000. You should therefore be aware that this email or the information contained in it may be disclosed without notice to a third party making a request for information about the subject matter of this email.

show quoted sections

Dear foi,

Hello,

I am unsure what you view as acceptable. Please provide examples of ID forms you have accepeted for this purpose in the past.

Many thanks.

Yours sincerely,

Richard

Dear foi,

Hello,

I am still waiting for clarification as per my previous message.

Yours sincerely,

Richard

Dear Mr. Bingham,

Thank you for your email dated 24 February 2020.

I must refer you to my previous email, to which I have nothing further to add:-

"You will be aware of the forms of proof that you do hold so if you advise us of what they are via [email address] we will confirm our acceptance or otherwise.

Until then no further correspondence will be entered into and your request will remain on hold."

Regards,

Kevin Rance
Information Governance Officer
Tel: +44(0)1273 471600
[email address]
Lewes and Eastbourne Legal Services acting on behalf of Lewes District Council and Eastbourne Borough Council

show quoted sections

Dear foi,

Good evening,

I don't have a passport or driving license as previously stated and am not sure what else you class as ID, hence the question.

I am looking forward to receiving clarification and do not understand why this is a problem.

Yours sincerely,

Richard