Number of PCN notices issued since January 2008 in High Street Oxford (High Street Bus Gate) for Contravention of a Bus Lane

The request was partially successful.

Dear Sir/Madam,

Could you please provide me the following information:

i) Number of PCN notices issued since 1st January 2008 to the drivers of motor vehicles
for 'being in a bus lane' in High Street, Oxford also known as
'Oxford Bus Gate.'

ii) Number of those PCN notices in i) above that were paid without
challenge by the drivers concerned?

iii) Number of those PCN notices in i) above that were challenged
by motorists and the subsequent outcome of those challenges?

Yours faithfully,

James Martin

Willoughby, James - Corporate Core - Democratic Services, Oxfordshire County Council

Our reference: 1295 FOI
 
Dear Mr Martin
 
Thank you for your request of 6 May 2009 in which you asked for the
following information:

i) Number of PCN notices issued since 1st January 2008 to the
drivers of motor vehicles for 'being in a bus lane' in High Street,
Oxford also known as 'Oxford Bus Gate.'

ii) Number of those PCN notices in i) above that were paid without
challenge by the drivers concerned?

iii) Number of those PCN notices in i) above that were challenged
by motorists and the subsequent outcome of those challenges?

Your request is being considered and you will receive the information
requested as soon as possible and in any event within the next 20 working
days in compliance with the Freedom of Information Act 2000, unless an
exemption applies. This means that the council will respond to you by 4
June 2009 at the latest.

 
There may be a fee payable for this information. You will be informed if
this is the case and you can decide if you wish to proceed with your
request.

 
If appropriate, the information requested can be made available in
alternative formats, including other languages, Braille, large print, and
audiocassette. If you require any of these formats then please let me
know.

 
Please contact me if you have any have further enquiries about your
request. I would be grateful if you could quote the reference number
given at the top of this email.

 
Yours sincerely,

James Willoughby
Senior Information Officer
Oxfordshire County Council
Corporate Core
Freedom of Information Team
County Hall
New Road
Oxford
OX1 1ND
Tel: 01865 810584
Fax: 01865 247805
E-mail: [email address] (direct)
E-mail: [1][Oxfordshire County Council request email] (FOI team)
Internet: [2]www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. http://www.oxfordshire.gov.uk/emaildiscl...

References

Visible links
1. mailto:[Oxfordshire County Council request email]
2. http://www.oxfordshire.gov.uk/

Willoughby, James - Corporate Core - Democratic Services, Oxfordshire County Council

Our reference: 1295 FOI
 
Dear Mr Martin
 
Thank you for your request of 6 May 2009 in which you asked for the
following information:

i) Number of PCN notices issued since 1st January 2008 to the
drivers of motor vehicles for 'being in a bus lane' in High Street,
Oxford also known as 'Oxford Bus Gate.'

ii) Number of those PCN notices in i) above that were paid without
challenge by the drivers concerned?

iii) Number of those PCN notices in i) above that were challenged
by motorists and the subsequent outcome of those challenges?

Taking each of your points in turn:

1. Number of PCN notices issued since 1st January 2008 to the drivers
of motor vehicles for 'being in a bus lane' in High Street, Oxford
also known as 'Oxford Bus Gate.'

From the period of 1 January 2008 - 30 April 2009 Oxfordshire County
Council issued 18,001 Penalty Charge Notices (PCNs) to vehicles passing
through the High Street Bus Lane in Oxford.

2. Number of those PCN notices in i) above that were paid without
challenge by the drivers concerned?

The computer system used by the council, and its
contractor (NSL formerly NCP Services Ltd), for processing PCNs is
unable to generate a report detailing the number of PCNs which were
paid without challenge. In order to identify this figure each individual
PCN record would need to be analysed separately. To do this would
require a significant diversion of resources from the council's other work
to achieve. Therefore the council cannot comply with this part of your
request.

The computer system used for enforcement purposes was upgraded in October
2008. Records show that from 1 October 2008 to 30 April 2009 a total of
5,221 PCNs were paid against Notices issued for being in the High Street
bus lane, Oxford. As noted above, the council cannot provide similar data
broken down by location prior to that date, without analysing each
individual PCN.

3. Number of those PCN notices in i) above that were challenged by
motorists and the subsequent outcome of those challenges?

Between 1 October 2008 and 30 April 2009 a total of 226 Bus Lane rejection
letters were generated for High Street, Oxford. During the same period a
total of 321 acceptance letters were sent out by the council. The council
cannot provide further details without analysing individual PCNs as noted
in question two above.

Feedback

Following our completion of your information request, we would be grateful
if you would take a few minutes to give us some feedback.

Please click on the weblink below to open a short survey which should take
less than 5 minutes to complete.

[1]http://portal.oxfordshire.gov.uk/content...

Responses are anonymous and will help us improve our service. Thank you.

Help Us To get It Right

If you are dissatisfied with the service or response you have received you
can complain as follows:
 
o Use the online complaints form on our website -
[2]www.oxfordshire.gov.uk;
 
o Complete the leaflet "How do I complain about a council service?".
Copies are available from any Oxfordshire library or by telephoning 01865
815906. Large print and audio tape versions are available on request from
this number;

 
o Write to us at our FREEPOST address:

Complaints and Comments
Oxfordshire County Council
FREEPOST (SCE 7709)
Oxford OX1 1YA.
 
Please let me know if you have further enquiries. I would be grateful if
you could use the reference number given at the top of this email.

Yours sincerely,

James Willoughby
Senior Information Officer
Oxfordshire County Council
Corporate Core
Freedom of Information Team
County Hall
New Road
Oxford
OX1 1ND
Tel: 01865 810584
Fax: 01865 247805
E-mail: [email address] (direct)
E-mail: [3][Oxfordshire County Council request email] (FOI team)
Internet: [4]www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. http://www.oxfordshire.gov.uk/emaildiscl...

References

Visible links
1. http://portal.oxfordshire.gov.uk/content...
2. file://../3.04%20Information%20requests/3.16.02%20Requests%202006/Local%20Settings/3.16.02.08%20Requests%20August%202006/FOI%20344/www.oxfordshire.gov.uk
3. mailto:[Oxfordshire County Council request email]
4. http://www.oxfordshire.gov.uk/

Dear Sir or Madam,

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

I am writing to request an internal review of Oxfordshire County Council's handling of my FOI request 'Number of PCN notices issued since January 2008 in High Street Oxford (High Street Bus Gate) for Contravention of a Bus Lane'.

It is simply unacceptable for a Public Authority not to provide, or have easy access to, specific information concerning members of the public issued with PCN notices and/or the threat of prosecution.

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

Yours sincerely,

James Martin

Cooke, Michele - Corporate Core - Democratic Services, Oxfordshire County Council

1 Attachment

Dear Mr Martin

I refer to your email of 27 May, which was sent to Mr James Willoughby,
requesting a further review of your FOI request about the number of PCN
notices issued since January 2008 in High Street Oxford (High Street Bus
Gate) for contravention of a Bus Lane. To ensure we give proper
consideration to your concerns we will deal with this at stage 1 of the
Council's complaints procedure, a copy of the procedure is attached for
your information.

Your complaint will be investigated at Stage 1 of the procedure by Mr Tony
Cloke, Assistant Head of Legal & Democratic Services he will let you have
a response within 10 days of date of this acknowledgment i.e. by 11 June
2009. If your are unhappy with the response you receive at stage 1 the
next step will be to contact the Information commissioner and you will be
given details of how to do this within the response.

<<Complaints Procedure NOV 08.doc>>
Yours sincerely

Michele Cooke
Complaints Officer
Legal & Democratic Services

01865 815906
[email address]

[1]www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. http://www.oxfordshire.gov.uk/emaildiscl...

References

Visible links
1. file://www.oxfordshire.gov.uk

Complaints, Oxfordshire County Council

Dear Mr Martin

FOI Further review

I am writing to you in reference to your request for a further review of
your Freedom of Information request. Mr Tony Cloke is currently carrying
out this review, unfortunately due to staff sickness we will need to
extend the deadline for you receiving a response, Mr Cloke will now send
you a full response by the end of Thursday 18th June.

If you have any queries regarding this please do not hesitate to contact
me.

Kind regards

Michele Cooke
Complaints Officer
Legal & Democratic Services

01865 815906
[email address]

www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. http://www.oxfordshire.gov.uk/emaildiscl...

Cloke, Tony - Corporate Core - Democratic Services, Oxfordshire County Council

1 Attachment

Dear Mr. Martin,

Please find attached my response to your request for an internal review of
the decision by Mr Willoughby in respect of 1295 FOI.

Just to confirm, I have upheld the decision by Mr. Willoughby but, in
doing so, have provided further information as to why I believe the
response is a reasonable one in the circumstances.

<<2009_06_18 Letter Martin.doc>>
Yours sincerely,

show quoted sections

James Martin left an annotation ()

Dear Mr. Martin,

RE: Request to Review Decision - 1295 FOI (PCN High Street Oxford)

I refer to the e-mail response from Mr. Willoughby, dated 27 May 2009, in respect of your Freedom of Information request dated 6 May, and your e-mail request of 27 May for a review.

I have reviewed the Freedom of Information request (1295 FOI) and this letter sets out my decision.

Section 12 of the FOIA provides an exemption from a public authority's obligation to comply with a request for information where the cost of compliance is estimated to exceed the appropriate limit.

The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 state that this cost limit is £600 for central government, legislative bodies and the armed forces (i.e. Part 1 of Schedule 1 of the FOIA) and £450 for all other public authorities.

A public authority must still confirm or deny whether it holds the information requested unless the cost of this alone would exceed the appropriate limit.

In estimating whether complying with a request would exceed the appropriate limit, Regulation 4 (3) states that an authority can only take into account the costs it reasonably expects to incur in:

• determining whether it holds the information;

• locating the information, or a document containing it;

• retrieving the information, or a document containing it; and

• extracting the information from a document containing it.

An authority can take into account the costs attributable to the time that persons (both the authority's staff and external contractors) are expected to spend on these activities. Such costs are calculated at £25 per hour per person for all authorities regardless of the actual cost or rate of pay, which means that the limit will be exceeded if these activities exceed 24 hours for central government, legislative bodies and the armed forces, and 18 hours for all other authorities.

The council has confirmed that it holds the information you requested but, in view of the number of PCNs which would need to be examined, it cannot provide you with the information you request.

The council has estimated that it would take more than 18 hours to analyse the number of PCNs required to supply you with the information requested and, on that basis, cannot provide further details because it would exceed the cost limit of £450 for `all other public authorities' (18 x £25 = £450).

In the circumstances, I believe this is an entirely reasonable estimate and so uphold the decision by Mr. Willoughby in respect of your request.

There is no further right of appeal to the County Council to review the original decision by Mr. Willoughby or mine as set out above. However, you may request the Information Commissioner to review the Council's decisions, and his details are set out below:

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

www.ico.gov.uk (for information, enquiries, complaints)

ICO helpline: 08456 30 60 60 or 01625 54 57 45

Yours sincerely,

A.R. Cloke

Assistant Head of Legal & Democratic Services

Legal & Democratic Services

Complaints, Oxfordshire County Council

1 Attachment

Dear Mr Martin

Oxfordshire County Council Corporate Complaints Procedure:
Customer satisfaction Survey

I am writing to you because you have recently used Oxfordshire County
Council's Corporate Complaints Procedure.

Oxfordshire County Council is carrying out a survey to seek views on how
we investigate complaints and how we can make our procedure better.

I would be very grateful if you could complete the attached form and
return it to [email address]. Please note that this
relates to complaints which were handled through the Corporate
Complaints procedure.

The survey is confidential but not anonymous in that although we do not
ask you to provide your name or details of your complaint, there is a
reference number on the form so that we are able to identify which
complaint the survey relates to. This is in order for the Council to be
able to learn from complaints.

Thank you for your help.

Yours sincerely

Michele Cooke
Complaints Officer
Legal & Democratic Services

01865 815906
[email address]

www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information. If you have received it in error, please notify the sender by reply and delete it immediately. Views expressed by the sender may not be those of Oxfordshire County Council. Council emails are subject to the Freedom of Information Act 2000. http://www.oxfordshire.gov.uk/emaildiscl...