Parking Eye - Morrisons Whitehaven 'Barrister Report?'

The authority would like to / has responded by postal mail to this request.

Dear Copeland Borough Council,

On the 20th April a News & Star article stated that your Council Copeland Borough Council had taken legal advise.

1. Where did you take legal advice from in relation to this article.
2. Who was the Barrister - name / address in relation to this article?
3.Please could you send me the 'Barristers' report regarding the decision not to prosecute Parking Eye at Morrisons Whitehaven in relation to this newspaper article.
4. Please could you send me the legal advise that your Borough Council solicitor gave to Council in relation to this article.
5. Please could you send me any internal emails between Mike Starkie and any councillor, officer or member of the public regarding Parking Eye between 01.01.16 and 01.09.16.
6. Please would you be able to send me any correspondance between Mike Starkie / John Groves / Clinton Boyce / Mike Graham political adviser / Nick Hayhurst / Pat Graham / Councillor Raymond Gill / Councillor Carla Arrighi / Councillor Graham Roberts / Councillor Gavin McKew / Councillor John Kane and Councillor Brian OKane relating to Parking Eye and Morrisons between 01.01.16 & 01.09.16
7. Please would you be able to confirm that the Borough Council solicitor Clinton Boyce still stands by the words he has been 'quoted saying' in this article 20th April 2016 News & Star. Did Mr Boyce intend to say this or has he been misquoted? If he has been misquoted what did he intend to say. Did somebody quote for him?
8. Please would you be able to tell me who the news reporter took these quotes from at your Council? Was it by email? Was it by telephone? Was it face to face?

Best wishes and thank you for your time. I look forward to recieving this information.

Yours faithfully,

Jayne Laine

Info, Copeland Borough Council

Dear Ms Laine

Thank you for your Freedom of Information Request. Your request for information has been forwarded on to our Freedom of Information Officer, who will respond to your request as soon as possible, and not later than 20 days after receiving your request.

Yours sincerely,
Customer Services Officer

Tel: 01946 598300
Email: [Copeland Borough Council request email]
Website: www.copeland.gov.uk
Copeland Borough Council, Market Hall, Market Place, Whitehaven, Cumbria, CA28 7JG. Tel: 01946 598300. Fax: 01946 598303. www.copeland.gov.uk, [Copeland Borough Council request email]

Working to improve lives, communities and the prosperity of Copeland

Clifford Walker, Copeland Borough Council

Dear Ms Laine,

I acknowledge receipt of your Request for Information under the Freedom of Information Act 2000.

Your request is being considered and you will receive any recorded information held by Copeland Borough Council within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions, which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may be a fee payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact me.

Further information is also available from the Information Commissioner at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone 01625 545700
https://ico.org.uk/

Yours sincerely

Cliff Walker
Information Management Officer
Democratic Services
Copeland Borough Council

Tel: 01946 59 8529
Email: [email address]

Copeland Borough Council, The Copeland Centre, Catherine Street, Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303. www.copeland.gov.uk, [Copeland Borough Council request email]

Working to improve lives, communities and the prosperity of Copeland

Dear Clifford Walker,

Do you have this info at all please. There seems to be a big delay in sending answers out.

Yours sincerely,

jayne laine

Dear Copeland Borough Council,

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

I am writing to request an internal review of Copeland Borough Council's handling of my FOI request 'Parking Eye - Morrisons Whitehaven 'Barrister Report?''.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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,

jayne laine

Info, Copeland Borough Council

Thank you for your Freedom of Information Request. Your request for information has been forwarded on to our Freedom of Information Officer, who will respond to your request as soon as possible, and not later than 20 days after receiving your request

Customer Services Officer
Copeland Borough Council

Tel: 01946 598300
Email: [Copeland Borough Council request email]

Copeland Borough Council, Market Hall, Market Place, Whitehaven, Cumbria, CA28 7JG.
Tel:01946 598300. Fax: 01946 598303. www.copeland.gov.uk, [Copeland Borough Council request email]

Working to improve lives, communities and the prosperity of Copeland

Clifford Walker, Copeland Borough Council

Dear Ms Laine,

Thank you for contacting Copeland Borough Council with your request for an Internal Review.

This has been assigned to a caseworker. We will aim to send you a full response by 2nd March 2017 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact me.

Regards,

Cliff Walker
Information Management Officer
Copeland Borough Council

Tel: 01946 59 8529
Email: [email address]

Copeland Borough Council, The Copeland Centre, Catherine Street, Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303. www.copeland.gov.uk, [Copeland Borough Council request email]

Working to improve lives, communities and the prosperity of Copeland

Dear Clifford Walker,

Thank you.

However, I'm a little perplexed as to why your Freedom of INFORMATION response times seem to be 20 days with a standard response and then a further 20 days. It just seems to be the norm even for very small queries. Why is your council just allowing it to always get to internal review stage. Concerning really.

Quote possibly you should have more members if staff in your department dealing with these questions or if indeed information was clear on your website the openness and transparency for the public would save you a lot of time, money and resources.

It's like pulling teeth!

Yours sincerely,

jayne laine

Clifford Walker, Copeland Borough Council

Morning Ms Laine,

The response target for FOI requests is 20 working days, the count starting the following receipt of the request. The Act then allows for an additional 20 working days in the event of an escalation to internal review process.

Of the 650 plus requests received during 2016 only 7 were subject to internal reviews. Of the remaining number the 20 day response time was met in over 80% of requests, (2017 to date in excess of 90%). I continue to work towards a Council KPI of 90% +.

Indeed it would be nice to have additional staff to assist but in these time of financial austerity I doubt that will be the case.

I note your comments regarding information posted on the Copeland Web site and the potential cost savings.

Regards,

Cliff Walker
Information Management Officer
Telephone: 01946 598529

Copeland Borough Council, The Copeland Centre
Catherine Street, Whitehaven, Cumbria, CA28 7SJ

Dear Mr Walker

I think that, to be more accurate the response target for FOIs is to (1) respond promptly and (2) no later than 20 working days.

Too many public bodies these days try to convince the public that the response time can be delayed 20 working days and completely overlook the primary statutory duty.

Yours sincerely,

jayne laine

Dear Clifford Walker,

I am still waiting on this info please. It has certainly exceeded the 20 days. Plus the 20 days you give yourselves following this.

Seems like a long drawn out process, or some document doesn't want to see the light of day
??

Yours sincerely,

jayne laine

Clifford Walker, Copeland Borough Council

Dear Ms Laine,

Once again apologies for the delay in my response to your FOI request. I will again chase the relevant department and endeavour to get back to you as soon as possible.

Regards,

Cliff Walker
Information Management Officer
Telephone: 01946 598529

Copeland Borough Council, The Copeland Centre
Catherine Street, Whitehaven, Cumbria, CA28 7SJ

Dear Copeland Borough Council,

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

I am writing to request an internal review of Copeland Borough Council's handling of my FOI request 'Parking Eye - Morrisons Whitehaven 'Barrister Report?''.

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,

jayne laine

info@copeland.gov.uk, Copeland Borough Council

Hello [FOI #379516 email],
You've contacted us outside our regular hours of operation.
Please expect a response during our regular business hours.

Thank you.

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

Copeland Borough Council

1 Attachment

Dear Ms Laine

I have forwarded your email onto the relevant officer who will be in
contact with you in due course.

Yours sincerely

Sue Stamper  

Customer Service Team Leader 

Copeland Direct

Copeland Borough Council 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28 7JG.
Tel: 01946 598300. Fax: 01946 598303. [1]www.copeland.gov.uk,
[2][Copeland Borough Council request email]

 



Working to improve lives, communities and the prosperity of Copeland

 

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

From: jayne laine <[FOI #379516 email]>
Date: Saturday, 1 April 2017, 09:39:16
To: FOI requests at Copeland Borough Council <[Copeland Borough Council request email]>
Subject: Internal review of Freedom of Information request - Parking Eye -
Morrisons Whitehaven 'Barrister Report?'
Dear Copeland Borough Council,

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

I am writing to request an internal review of Copeland Borough Council's
handling of my FOI request 'Parking Eye - Morrisons Whitehaven 'Barrister
Report?''.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
https://emea01.safelinks.protection.outl...

Yours faithfully,

jayne laine

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #379516 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
https://emea01.safelinks.protection.outl...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

Clifford Walker, Copeland Borough Council

2 Attachments

Dear Ms Laine,

Thank you for contacting Copeland Borough Council with your request for an
Internal Review.

This has been assigned to a caseworker. We will aim to send you a full
response by 3^rd May 2017 which is twenty working days from the date we
received your request.

If you have any questions then please do not hesitate to contact me.

 

Regards,

 

Cliff Walker

Information Management Officer

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [1][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[2]www.copeland.gov.uk, [3][Copeland Borough Council request email]

[4]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 



Working to improve lives, communities and the prosperity of Copeland

 

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

From: jayne laine <[5][FOI #379516 email]>
Date: Saturday, 1 April 2017, 09:39:16
To: FOI requests at Copeland Borough Council <[6][Copeland Borough Council request email]>
Subject: Internal review of Freedom of Information request - Parking Eye -
Morrisons Whitehaven 'Barrister Report?'

Dear Copeland Borough Council,

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

I am writing to request an internal review of Copeland Borough Council's
handling of my FOI request 'Parking Eye - Morrisons Whitehaven 'Barrister
Report?''.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[7]https://emea01.safelinks.protection.outl...

Yours faithfully,

jayne laine

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #379516 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[10]https://emea01.safelinks.protection.outl...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

Marissa Joyce, Copeland Borough Council

2 Attachments

Dear Ms Laine,

 

Your request for an internal review of the above FOI request was recently
forwarded to me for investigation and response.

 

Firstly, may I offer my sincere apologies on behalf of the council for the
delay in this response.  Please find the answers to your questions below.

 

Q1.         Where did you take legal advice from in relation to this
article.

A             Counsel.

 

Q2.         Who was the Barrister - name / address in relation to this
article?

A             Robert Smith of 9 St John Street, Manchester.

 

Q3.         Please could you send me the 'Barristers' report regarding the
decision not to prosecute Parking Eye at Morrisons Whitehaven in relation
to this newspaper article.

A             I'm afraid not because this is privileged information under
Section 42 Freedom of Information Act (FOIA) 

                The information held by Copeland Borough Council in
relation to the 'Barristers' report regarding the decision not to
prosecute Parking Eye at Morrison’s Whitehaven in relation to a newspaper
article includes certain information that is legally privileged in that it
              constitutes legal advice provided to the Council by its
legal adviser. By virtue of s42 FOIA Copeland BC is not obliged to
disclose information in respect of which a claim to legal professional
privilege could be maintained in legal proceedings.  Section 42 can be
relied         on only where the public interest in applying the exemption
outweighs the public interest in disclosure. The very considerable public
interest in protecting the principle of legal privilege is, however, well
established. While we recognise that, there is, of course, a
                public interest in transparency generally, in this case
Copeland Council has formed the view that there is insufficient public
interest in the information concerned to outweigh the public interest in
maintaining legal privilege.  

 

Q4.         Please could you send me the legal advise that your Borough
Council solicitor gave to Council in relation to this article.

A             This is in the report to the Executive on the 19th April
which was largely transposed into the statement which the Council
subsequently issued on the 20th April 2016.  I have attached the Part 1
copy of the report but I am afraid I cannot provide you with Part 2, which
is referred to in Part 1, as this is not for publication under paragraph
3, 5 and 7 of Schedule 12a Local Government Act 1972.

 

Q5.         Please could you send me any internal emails between Mike
Starkie and any councillor, officer or member of the public regarding
Parking Eye between 01.01.16 and 01.09.16.

Q6.         Please would you be able to send me any correspondance between
Mike Starkie / John Groves / Clinton Boyce / Mike Graham political adviser
/ Nick Hayhurst / Pat Graham / Councillor Raymond Gill / Councillor Carla
Arrighi / Councillor Graham Roberts /       Councillor Gavin McKew /
Councillor John Kane and Councillor Brian OKane relating to Parking Eye
and Morrisons between 01.01.16 & 01.09.16 7.

A             I have looked at Q5 and Q6 together as both include requests
for emails from the Mayor to others and following initial enquiries into
the number involved will take this opportunity to draw your attention to
Section 13 of the Freedom of Information Act 2000 (Fee           Notice
pursuant to the Freedom of Information (Fees Appropriate Limit)
Regulations 2004)  I have estimated that it will cost more than the
appropriate limit to consider your request. The appropriate limit is
specified in regulations and for the Council this is set at   £450. This
represents the estimated cost of one person           spending 2½ working
days in determining whether the Council hold the information, and
locating, retrieving, extracting and where necessary processing the
information. An early check of correspondence                 falling
within your definition and list of   senders/recipients totals over 250,
not including copy emails and associated attachments, to manually examine
each document and extract exempt material either under the Freedom of
Information or Data Protection Acts    would exceed the allowed timeframe.
   Consequently the Council is not obliged under the Freedom of
Information Act 2000 to respond to this part of your request. However
would be happy to do so should you decide to pay the appropriate fee.

                If you narrow the scope of your request the Council may be
able to provide the information free of charge because it would cost less
than the appropriate limit to do so. For instance if you outline any
particular topic, individual, heading or specific subject matter.     Any
request received will be treated as a new FOI request.  Please note that
any Fees Notice estimates the cost of meeting your request. It does not
commit the Council to supply the information. Once payment is received
from you the information will be located                 and the Council
will decide whether there are any legal reasons why it cannot be disclosed
to you. If the information is not released, or only partially released,
either the full amount or a relevant part of the fee will of course be
refunded to you.

 

Q7          Please would you be able to confirm that the Borough Council
solicitor Clinton Boyce still stands by the words he has been 'quoted
saying' in this article 20th April 2016 News & Star.  Did Mr Boyce intend
to say this or has he been misquoted? If he has been           misquoted
what did he intend to say. Did somebody quote for him?

A             Mr Boyce cannot recall exactly what he said to the
Executive, so I have spoken to Andrew Clarke,  the reporter, who has
confirmed that he recorded the words verbatim.  Subsequently, Mr Boyce is
satisfied that no one quoted for him. 

 

Q8.         Please would you be able to tell me who the news reporter took
these quotes from at your Council? Was it by email? Was it by telephone?
Was it face to face?

A             These quotes were from Mr Boyce while he was addressing the
Executive at the meeting on 19th April 2016,  which Mr Clarke also
attended on behalf of the press.

 

I hope this is the information you require, but do not hesitate to contact
me if you wish to clarify anything further.  The Council makes every
effort to make sure that the services it provides are as efficient and
effective as possible, and this includes any requests under the Freedom of
Information Act.  If you believe that your request has not been dealt with
satisfactorily you may also contact the:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry/Information Line: 01625 545 745 For more information:
[1]https://ico.org.uk/

 

Yours sincerely

 

Marissa

 

 

Marissa Joyce

Customer Relations Officer

Copeland Borough Council

 

Tel: 01946 598525

[2][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

 

[5]Description: Description: Copeland and LGC Award logos 2

Working to improve lives, communities and the prosperity of Copeland

 

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

References

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

Dear Sir

I believe that I have already narrowed down the request to correspondence from the Mayor about ParkingEye. In this regard it relates to matters relating to the breach of the advertisement consent and planning matters.

The Planning Officer and Mr Boyce would have such correspondence on their files and perhaps you could start there and we see where that takes us

Yours sincerely,

jayne laine

Marissa Joyce, Copeland Borough Council

I'm out of the office until Tuesday 11th April and I will answer your
e-mail on my return.  If the matter is urgent you can call Copeland Direct
on 01946 598300. My apologies for any inconvenience. 

 

Marissa Joyce

Customer Relations Officer

Usual working days - Tuesday to Thursday.

 

 

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

Customer Relations, Copeland Borough Council

1 Attachment

Dear Ms Laine,  

I have picked up your response from the What Do They Know website, as
follows -

“I believe that I have already narrowed down the request to correspondence
from the Mayor about Parking-Eye. In this regard it relates to matters
relating to the breach of the advertisement consent and planning matters”.

“The Planning Officer and Mr. Boyce would have such correspondence on
their files and perhaps you could start there and we see where that takes
us”

I have retrieved the correspondence you have requested and will post a
copy to you today.  

 

COPYRIGHT CLAUSE

 

Most of the information that we provide in response to requests submitted
under the Freedom of Information Act 2000 will be subject to copyright
protection. In most cases the copyright will be owned by Copeland Borough
Council.  However the copyright in other information may be owned by
another person or organisation, as indicated on the information itself.

 

You are free to use any information supplied for your own non-commercial
research or private study purposes.  The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting. However, any other type of re-use, for example by
publishing the information in analogue or digital form, including on the
internet, will require the permission of the copyright owner. Where the
copyright owner is the council you will need to make an application under
the Re-use of Public Sector Information Regulations 2005.

 

For information where the copyright is owned by another person or
organisation you must apply to the owner to obtain their permission.

 

Kind regards,

 

Marissa

 

Marissa Joyce

Customer Relations Officer

Business Support

Copeland Borough Council

 

Tel: 01946 598525

[1][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[2]www.copeland.gov.uk, [3][Copeland Borough Council request email]

 

[4]Description: Description: Copeland and LGC Award logos 2

Working to improve lives, communities and the prosperity of Copeland

 

 

Copeland - the best place to live in Cumbria This email is confidential
and is for the attention of the addressee only. Copeland Borough Council
accept no responsibility for information, errors or omissions contained in
it. We make every effort to keep our network free from viruses. You should
independently check this e-mail and any attachments for viruses, as we can
take no responsibility for any computer viruses that might be transferred
by way of this e-mail.

References

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

Dear [email address],

???? What is this

Yours sincerely,

jayne laine

susan woodacre left an annotation ()

What happened to this request? The last few emails are not available to view.
Regards
Sue