Dear North Lanarkshire Council,

On 11th December 2023 the Scottish Government authorised Local Authories to implement a ban on pavement parking in accordance with the Transport (Scotland) Act 2019.

Edinburgh City Council had prepared for this, and as such are implementing a complete ban on pavement parking from 29th January 2024.

Could you please tell me:

1. What will be the implementation date for this legislation in North Lanarkshire?

2. How will the public be able to report on regular, recurring sites of pavement parking?

3. How will the public be able to report on real time blockages where an obstruction is being caused?

4. What exemptions do North Lanarkshire Council intend to allow?

5. Can you confirm that this ban will be applicable across the whole of North Lanarkshire?

6. What new or additional resources have North Lanarkshire Council committed to this in anticipation of the ban being implemented?

7. What level have North Lanarkshire Council set for fines for drivers who are caught breaking these rules?

Some parts of this request may be easier to answer than others, and
should this prove to be the case I would ask that you release
available data as soon as possible rather than hold up the entire
request.

I would prefer to receive this information electronically.

If the decision is made to withhold some of this data using
exemptions in Act, please inform me of that fact and cite the
exemptions used.

If you need any clarification then please contact
me at the email.
Under your section 16 duty to provide advice and
assistance I would expect you to contact me if you find this
request unmanageable in any way. I would be grateful if you could
confirm in writing that you have received this request, and I look
forward to hearing from you in the near future.

Yours faithfully,

James Cassidy

Angelene Kirkpatrick, North Lanarkshire Council

Dear Sir/madam

I acknowledge receipt of your request which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Angelene Kirkpatrick
For Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB

Working from home
Please contact via email

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Angelene Kirkpatrick, North Lanarkshire Council

Dear Mr. Cassidy,

Request for Information

 

I refer again to your e-mail of 12 January 2024 seeking information in
relation to pavement parking.

 

Having investigated, I can advise that the information you seek is
publicly available on the Council’s website and as you may know Section 25
of the Freedom of Information (Scotland) Act 2002 provides an absolute
exemption for information that is already accessible.  For ease of
reference the link to this information is as follows:-

 

[1]Document.ashx (cmis.uk.com)

 

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Chief Officer (Legal and Democratic), Civic Centre,
Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Chief Officer (Legal and Democratic).

 

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be made within
six months of the review decision and be in writing or in another form
which, by reason of it having some permanency is capable of being used for
subsequent reference. The application must state the name of the applicant
and provide an address for correspondence. The application must also
specify the request for information to which the requirement for review
relates, the matter which gave rise to the applicant’s dissatisfaction
with the original decision of the local authority and the matter which
gives rise to the applicant’s dissatisfaction with the decision on review
by the local authority or the failure of the local authority to issue such
a decision.  The Scottish Information Commissioner can be contacted as
follows:-

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16 9DS

email: [2][email address]

 

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

 

[3]www.itspublicknowledge.info/Appeal

 

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

 

Yours sincerely

 

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

 

Working from home

Please contact via email

 

 

 

 

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Dear Angelene Kirkpatrick,

Thank you for your response.

Unfortunately the link in the reply does not work and the document you are referring to cannot be viewed.

I would be grateful if you could provide a link to the document, as a search of the NLC website states that:

"At present, we are awaiting the publication of guidance from Transport Scotland, which is expected by 11 December 2023, before finalising our approach to enforcement. Assuming the guidance is made available by 11 December 2023, the earliest we would be able to start enforcement action in spring 2024."

This information was last updated on 5th December 2023, and does not address any of the issues I raised.

Yours sincerely,

James Cassidy

Angelene Kirkpatrick, North Lanarkshire Council

Dear Mr Cassidy

 

Thank you for your email.

 

I can advise that we checked the link prior to sending and that it is
working.  It may be that there is an issue with the "what do they know"
website. If you wish to provide another email address, I can email the
link to this address. 

 

Alternatively, the link is to a committee report which can be accessed via
North Lanarkshire Council's website [1]www.northlanarkshire.gov.uk .  If
you enter "MARS" into the Search bar on the homepage, you will be able to
access the Minutes, agendas and reports (MARS) system where you can find
the Committee report.  The Committee report is entitled "Update on
Pavement Parking" and it was considered by the Environment & Climate
Change Committee on 7 February 2024.

 

Yours sincerely

 

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

 

Working from home

Please contact via email

 

 

 

 

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Dear North Lanarkshire Council,

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

I am writing to request an internal review of North Lanarkshire Council's handling of my FOI request 'Pavement Parking in North Lanarkshire'.

The response to my request stated that the information could be found online, leading to the minutes of a meeting. A number of responses to questions I had submitted were not included.

For clarity, the questions and my interpretation of the responses were as follows:

1. What will be the implementation date for this legislation in North Lanarkshire?
Response: No date has been set. Aiming for “Spring 2024”.
2. How will the public be able to report on regular, recurring sites of pavement parking?
Response: Not specified.
3. How will the public be able to report on real time blockages where an obstruction is being caused?
Response: Not specified.
4. What exemptions do North Lanarkshire Council intend to allow?
Response: No exemptions on implementation, to be reviewed after one year.
5. Can you confirm that this ban will be applicable across the whole of North Lanarkshire?
Response: Yes.
6. What new or additional resources have North Lanarkshire Council committed to this in anticipation of the ban being implemented?
Response: NLC acknowledges it only has a small parking enforcement team and will review how it is operated. No commitment to any new or additional resources.
7. What level have North Lanarkshire Council set for fines for drivers who are caught breaking these rules?
Response: £100, reduced to £50 if paid within 14 days.

Link to document: https://rb.gy/23pq3s

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,

James Cassidy

Neil McKay, North Lanarkshire Council

Dear Mr. Cassidy

I acknowledge receipt of your email and can advise that I have passed your correspondence to the Council's Legal Manager to arrange for a Review of the Response to your Freedom of Information Request.

You will be contacted again when the Council is in a position to respond more fully to your request for Review.

Yours sincerely

Neil McKay
Freedom of Information Co-ordinator
North Lanarkshire Council
Legal and Democratic
Please contact by email

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Collette Crainie, North Lanarkshire Council

1 Attachment

Good afternoon Mr Cassidy,

Please find attached a copy of the Council’s response to your recent request for an internal review of your freedom of information request.

If you have any questions about this response please do not hesitate to contact me.

Kind regards,

Collette Crainie

Collette Crainie| Solicitor| Regulation and Governance| Legal and Democratic Solutions| North Lanarkshire Council| Civic Centre, Windmillhill Street, Motherwell, ML1 1AB

Email: [email address]

Please note I am currently working from home.

Any information or advice contained in this email may be legally privileged and must not be passed to a third party.

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