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PCNs - Torrington Park, N12 - Cancelled tickets 2nd Aug 2018

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Dear Barnet Borough Council,

As per your instruction, I am now making an additional request for further clarification over the information previously presented as part of my FOI request, in which I asked:

How many PCNs were issued by Barnet Borough at the Torrington Park N12 width restriction for "failing to comply with a no entry restriction" or code 51J, on 2nd August 2018, between 1440hrs and 1445hrs?

You confirmed:

"2 PCNs were issued."

Please could I seek confirmation of how many of the above "2" tickets have subsequently been cancelled, to date.

Thank you.
Yours faithfully,

Danny Davies

Freedom of Information Act, Barnet Borough Council

This is an automated message.

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Chris Lloyd, Barnet Borough Council

 
Information request
Our reference: 4768428

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

Dear Mr Davies
 
Freedom of Information Act 2000
Thank you for your request for information that was received on 24
September 2018 

  

We will deal with your request under the Freedom of Information Act 2000

 

Under the Act we must respond promptly and in any event within 20 working
days from the date we received your request.  We will respond to you by 22
October 2018

 

Please note the Act defines a limited set of exemptions from the right to
know.  If we decide not to release any information we shall explain why,
which exemption we are relying on and how you can appeal.

Please note: If you receive a request from us for clarification of your
request please respond to it by the date given.  We will not be able to
process your request if you do not provide the clarification asked for.

 

Yours sincerely
 
 
Chris Lloyd
Information Management Officer
Commissioning Group
London Borough of Barnet, North London Business Park, Oakleigh Road South,
London N11 1NP
Barnet Online: [1]www.barnet.gov.uk
All our [2]Information Management Policies  are on the internet. 
 

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Kamalson Bhambra, Barnet Borough Council

1 Attachment

 
Information request
Our reference: 4768428

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

Please see attached our response to this request.
 
Yours sincerely
  
Kamalson Bhambra
Information and Enquiries Coordinator
Parking Client Team
London Borough of Barnet, North London Business Park, Oakleigh Road South,
London N11 1NP
Barnet Online: [1]www.barnet.gov.uk
All our [2]Information Management Policies  are on the internet. 
 

References

Visible links
1. http://www.barnet.gov.uk/
2. https://www.barnet.gov.uk/citizen-home/c...

Dear Barnet Borough Council,

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

I am writing to request an internal review of Barnet Borough Council's handling of my FOI request 'PCNs - Torrington Park, N12 - Cancelled tickets 2nd Aug 2018'.

This FOI request did not ask for the disclosure of any personal information whatsoever. It simply asks for confirmation over statical information ie. the outcome of PCNs issued within a sample period. I have no way of confirming - nor am I requesting - to whom (as in which individual or business) any PCNs may have been issued, and I have not asked for such "personal" information. I have not asked for PCNs to be linked to specific cars, nor individuals.

This is a request for statistics only, during a sample period. I am looking to see whether PCNs issued are typically cancelled or upheld and, as such, the exemption given has no relevance to this request - it does not fall within any GDPR exemptions whatsoever.

As such, if as a result of this internal review, you choose to continue to withhold the requested statistics, please give a clear reference to exactly what the exemption is (ie. what form "personal" data you are withholding) so that I can take the matter up with the ICO.

Thank you,

Danny

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,

Danny Davies

Freedom of Information Act, Barnet Borough Council

This is an automated message.

Thank you for contacting Barnet Council's FOI team. If you have submitted an FOI request someone will be in touch with you shortly with your case number so that you know who in the council is dealing with your enquiry.

We aim to provide a full response to a valid FOI request within 20 working days, where this is not possible we will keep you informed of progress.

If you are emailing about another matter, one of the team will be in touch with you within 2 working days.

This email and any attachments to it are intended solely for the individual to whom it is addressed. It may contain sensitive or confidential material and should be handled accordingly. However, it is recognised that, as an intended recipient of this email, you may wish to share it with those who have a legitimate interest in the contents.

If you have received this email in error and you are not the intended recipient you must not disclose, distribute, copy or print any of the information contained or attached within it, all copies must be deleted from your system. Please notify the sender immediately.

Whilst we take reasonable steps to identify software viruses, any attachments to this email may contain viruses which our anti-virus software has failed to identify. No liability can be accepted, and you should therefore carry out your own anti-virus checks before opening any documents.

Please note: Information contained in this e-mail may be subject to public disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

This message has been scanned for malware by Websense. www.websense.com

Barnet Borough Council

 
Information request
Our reference: 4768428

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

Dear Mr Davies
 
Thank you for your request for a review received on 2 November 2018. I'm
sorry to hear that you are unhappy with the council's response to your
information request.
               
We will now conduct an internal review.  The review will be independent
and impartial, will reconsider the merits of the case and will identify
any errors in the handling of your request.
 
We aim to complete internal reviews promptly and in any event within 20
working days from receipt of a complaint.  In exceptional cases we may
take longer, but we will not exceed 40 working days.  This is in line
with  guidance issued by the Information Commissioner.  
 
If, following our review, you are still unhappy with the way we have
applied the Act, you can appeal directly to the Information Commissioner
at: The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF (telephone: 08456 30 60 60 or 01625 54 57 45;
website: [1]https://ico.org.uk/). There is no charge for making an appeal.
 
Yours sincerely
 
 
Chris Lloyd
Information Management Officer
Commissioning Group
London Borough of Barnet, North London Business Park, Oakleigh Road South,
London N11 1NP
Barnet Online: [2]www.barnet.gov.uk
All our [3]Information Management Policies  are on the internet. 
 

References

Visible links
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2. http://www.barnet.gov.uk/
3. https://www.barnet.gov.uk/citizen-home/c...

Chris Lloyd, Barnet Borough Council

 
Information request
Our reference: 4768428

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

Dear Mr Davies
 
I write further to our email acknowledging your request for an internal
review into the handling of your request for information. You have
requested an internal review of the Council's response in relation to your
request.  I have undertaken the internal review and the outcome of my
review is set out below. 
 
 
Your original request for information (as a follow up request from a
previous FOI) was:
 
How many PCNs were issued by Barnet Borough at the Torrington Park N12
width restriction for "failing to comply with a no entry restriction" or
code 51J, on 2nd August 2018, between 1440hrs and 1445hrs?

You confirmed (previous FOI request)

"2 PCNs were issued."

Please could I seek confirmation of how many of the above "2" tickets have
subsequently been cancelled, to date.
 
Our response of  refused this information because of the risk of
disclosing personal information about the owners of the vehicles due to
the small numbers involved (only 2) at this specific location and date and
time.
 
The response was:

"We consider that the absolute exemption set out in Section 40 (Personal
information) subsection 5 applies to the information requested. Therefore,
we have decided to withhold the information.

Refusal Notice Section 40(5)

Part 1 of Schedule 19 of the Data Protection Act 2018 amends the personal
data exemption under section 40 of the Freedom of Information Act
2000(FOI). These are consequential amendments designed to ensure that the
correct provisions of the GDPR and the new Act are referenced instead of
the now repealed DPA 1998. They will not fundamentally impact when
personal data can, and cannot, be disclosed in response to an FOI request.

The council neither confirms nor denies that it holds the information
requested. The council is not obliged to confirm or deny that it holds
information if giving the confirmation or denial to a member of the public
would contravene any of the data protection principles. In this case
confirmation or denial would provide personal information which would
contravene the first principal in the Data Protection Act 2018. A response
to a FOI request is considered to be made to the whole world and to be
publicly available and not provided only to the requester .

The information provided in the original FOI request is published
information available on the Council website. However, due to the number
of PCNs issued, details about the progress of the PCNs is information
relating to an identifiable third party."  

Your internal review request was: 

I am writing to request an internal review of Barnet Borough Council's
handling of my FOI request 'PCNs - Torrington Park, N12 - Cancelled
tickets 2nd Aug 2018'.

This FOI request did not ask for the disclosure of any personal
information whatsoever. It simply asks for confirmation over statical
information ie. the outcome of PCNs issued within a sample period. I have
no way of confirming - nor am I requesting - to whom (as in which
individual or business) any PCNs may have been issued, and I have not
asked for such "personal" information. I have not asked for PCNs to be
linked to specific cars, nor individuals.

This is a request for statistics only, during a sample period. I am
looking to see whether PCNs issued are typically cancelled or upheld and,
as such, the exemption given has no relevance to this request - it does
not fall within any GDPR exemptions whatsoever.

As such, if as a result of this internal review, you choose to continue to
withhold the requested statistics, please give a clear reference to
exactly what the exemption is (ie. what form "personal" data you are
withholding) so that I can take the matter up with the ICO
 
You are correct that your request does not ask for details of individuals
but I believe that there is a high likelihood that individuals could be
identified because of the small numbers involved (only 2) at this specific
location and date and time.
 
The exemption applied was that the council neither confirms or denies that
it has the information and I do find that this exemption was incorrectly
applied as the information is being withheld because there is a risk of
personal data being disclosed. The correct exemption that should have been
applied was s.40(2) not s.40(5). I include it below:
 

Refusal Notice Section 40(2)  

[1]Part 1 of Schedule 19 of the Data Protection Act 2018 amends the
personal data exemption under section 40 of the Freedom of Information Act
2000(FOI). These are consequential amendments designed to ensure that the
correct provisions of the GDPR and the new Act are referenced instead of
the now repealed DPA 1998. They will not fundamentally impact when
personal data can, and cannot, be disclosed in response to an FOI request.

Personal Information is governed by the Data Protection Act
legislation and is defined as any information relating to an identified or
identifiable natural person ('data subject')'. It adds that: an
identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location number, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.

The withheld information is exempt because disclosure would contravene the
first data protection principle which requires that personal data is
processed fairly and lawfully.  Disclosure of the requested information
would breach this principle and in particular the requirement of
fairness. 

The reason that it would be unfair in this case is because the personal
information of the 2 owners of the vehicles could be identified because of
the very small numbers involved.

 
Your Rights
 
If you remain dissatisfied with the handling of your request, you have a
right to appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF
 
Telephone: 0303 123 1113
Website: [2]www.ico.org.uk 
There is no charge for making an appeal.
 
Yours sincerely
 
 
Chris Lloyd
Information Management Officer
Commissioning Group
London Borough of Barnet, North London Business Park, Oakleigh Road South,
London N11 1NP
Barnet Online: [3]www.barnet.gov.uk
All our [4]Information Management Policies  are on the internet. 
 

References

Visible links
1. https://www.legislation.gov.uk/ukpga/201...
2. http://www.ico.org.uk/
3. http://www.barnet.gov.uk/
4. https://www.barnet.gov.uk/citizen-home/c...

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