Parking Charge Notices issued by One Parking Solution Ltd - contract

Steve Baker made this Freedom of Information request to Brighton and Hove City Council

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Dear Brighton and Hove City Council,

Further to my FoI request below, please provide a suitably redacted copy of the contract pursuant to which the Parking Charge Notices were issued.

https://www.whatdotheyknow.com/request/p...

Please do not hesitate to contact me for any clarification that may be needed.

Yours faithfully,

Stephen Baker

Freedom Of Information, Brighton and Hove City Council

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References

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Freedom of Information request
Our reference: 8909078

show quoted sections

Bryan Mills left an annotation ()

This FOI request includes all the contracts between BHCC and Ethical Parking / One Parking Solution:

https://www.whatdotheyknow.com/request/p...

 
 
 
 
 
Freedom of Information request
Our reference: 8909078

show quoted sections

 
 
 
 
 
Freedom of Information request
Our reference: 8909078

show quoted sections

1 Attachment

 
 
 
 
 
Freedom of Information request
Our reference: 8909078

show quoted sections

2 Attachments

 
 
 
 
 
Freedom of Information request
Our reference: 8909078

show quoted sections

Dear Brighton and Hove City Council,

You have stated that you hold all of the information I requested, but have failed to provide it.

There is at least one Appendix (see 1-1.1 of contract) to this contract, and several schedules are referenced at 1.7 and 1.8.

Please supply a suitably redacted copy of the whole of the contract by return. Any further delays are inexcusable. Thank you.

Yours sincerely,

Stephen Baker

Dear Brighton and Hove City Council,

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

I am writing to request an internal review of Brighton and Hove City Council's handling of my FOI request 'Parking Charge Notices issued by One Parking Solution Ltd - contract' (your ref: 8909078).

On 9 September 2021 I wrote (on Whatdotheyknow) to ask you to supply the full contract, because what had been supplied was clearly not the whole of the contract. According to Whatdotheyknow my message was delivered, although it has not been acknowledged by you.

In any event, something is very wrong with the way the council deals with FoI requests and this requires investigating. An example of this can be found in one of the annotations to this FoI request (link below).

My original request was sent on 17 July 2021 and on 19 July the council undertook to supply all information by 16 August with a caveat that there may be delays in supplying the information due to covid restrictions.

On 6 August 2021 Mr Bryan Mills annotated my Whatdotheyknow request to say that the council had already supplied the appropriate contracts, and he supplied a Whatdotheyknow link to where it had done so.

On 16 August 2021 the council wrote again to say it needed more time to reply to my request because it needed time to consult with third parties. The council said it now aimed to supply me with the required information by 14 September 2021. It was at this point that I assumed that there was another contract with One Parking Solution Ltd that had not previously been disclosed under the FoI request referred to by Mr Mills.

On 23 August 2021 you wrote again to say that I should ignore your message of 16 August and that you now required more time to consider my request because the public interest test was to be applied. This only went to confirm my suspicion that there was another contract that had not been previously disclosed under FoI.

On 9th September you supplied what you said was all of the information, but applied an exemption pursuant to 40(2) of the act in relation to certain personal data. I therefore expected to see a different contract to the one previously disclosed under FoI, with the stated personal data redacted as necessary.

What I actually received was a copy of exact same contract that had been previously disclosed under FoI, which contract is currently in the public domain and contains the signatures that have been removed from the copy contract supplied to me, thereby breaching the data protection/privacy rights cited in the refusal notice sent to me.

Furthermore, you did not supply any appendices or schedules that are referenced in the contract.

It is as a result of all of the above mismanagement and the resultant delay that I now ask for an internal review. I also ask that you re-open this request on Whatdotheyknow and, in the interest of openness and transparency, publish the result of any internal review there.

I ask for this to be done because it appears you will not respond on Whatdotheyknow to any follow up correspondence that may be necessary in order to fulfil your obligations under the FoI Act. Instead, you choose to force me down the internal review route which I can only access privately, via email to a specific address at the council.

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

Yours faithfully,

Stephen Baker

Freedom Of Information, Brighton and Hove City Council

1 Attachment

Thank you for your email.

 

This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]).  This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.

 

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(FOI) or a new Environmental Information Regulation 2004  (EIR) request,
we will aim to formally acknowledge this within five working days.

 

For all non-request related queries, we will aim to respond to you within
10 working days.

 

 

How we process new FOI and EIR requests

When you submit a new FOI or EIR request, we will do the following:

o We will log your request and send an acknowledgement email to you
stating the request reference number.  This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.

o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.

 

When you can expect to receive a response to your FOI request

Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt.  In certain circumstances, this 20 working day limit can
be extended.

 

 

Further Information

You can find more information about the FOI process and how to make a
request on the Council website through the link below:

 

[4]Freedom of Information – Brighton & Hove City Council  

 

 

 

Thank you

 

Information Governance Team

[5]Brighton & Hove City Council

 

Please note that we are currently unable to respond to or receive
telephone calls or hard copy correspondence.  Please contact us via email
where possible.

 

Please also be aware that our response times may be delayed as due to the
current Coronavirus (Covid 19) pandemic, staff working at the Council may
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References

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6. http://www.brighton-hove.gov.uk/

Steve Baker left an annotation ()

This matter has now been reported to the ICO for failure to undertake an internal review.

This was also sent directly to Brighton and Hove City Council's email address ([email address]) today.

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

Dear Brighton and Hove City Council

I am advised that before pursuing a complaint with the Information Commissioner's Office over your failure to acknowledge my request for an internal review (copy below), I should give the council the opportunity to state whether it is in the process of conducting said review. Please acknowledge receipt of this email, failing which I will have no alternative but to pursue a complaint with the ICO.

Yours faithfully

Stephen Baker

Freedom Of Information, Brighton and Hove City Council

1 Attachment

Thank you for your email.

 

This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]).  This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.

 

Should your email be in relation to a new Freedom of Information Act 2000
(FOI) or a new Environmental Information Regulation 2004  (EIR) request,
we will aim to formally acknowledge this within five working days.

 

For all non-request related queries, we will aim to respond to you within
10 working days.

 

 

How we process new FOI and EIR requests

When you submit a new FOI or EIR request, we will do the following:

o We will log your request and send an acknowledgement email to you
stating the request reference number.  This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.

o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.

 

When you can expect to receive a response to your FOI request

Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt.  In certain circumstances, this 20 working day limit can
be extended.

 

 

Further Information

You can find more information about the FOI process and how to make a
request on the Council website through the link below:

 

[4]Freedom of Information – Brighton & Hove City Council  

 

 

 

Thank you

 

Information Governance Team

[5]Brighton & Hove City Council

 

Please note that we are currently unable to respond to or receive
telephone calls or hard copy correspondence.  Please contact us via email
where possible.

 

Please also be aware that our response times may be delayed as due to the
current Coronavirus (Covid 19) pandemic, staff working at the Council may
become absent or deployed to other areas of work at short notice.

 

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that any dissemination, distribution or copying of this
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communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [6]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
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Gareth Rees left an annotation ()

The Council's reply dated 20 December 2021 was uploaded to their secure website. We have downloaded the three files and uploaded them at https://files.whatdotheyknow.com/request...

The reply states:

"Our reference: 8909078
Dear Mr Baker

Thank you for your follow up request received on 09 September 2021.

Please find attached our response to your request. We apologise for the length of time it has taken us to respond to you.

Important: Should you wish to contact us again regarding this request, please do not edit the existing subject line text when replying to this email. If you change this it will take us longer to identify the request that you are corresponding about and will delay us in responding to you.

Yours sincerely

Information Governance Team
Please note that due to the current Coronavirus (Covid 19) pandemic, we are unable to respond to or receive telephone calls or hard copy correspondence. Please contact us via email should you have any queries."