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Penalty Charge Notice - Requests for personal information made to the DVLA (Reworked)

Francis Jackson made this Freedom of Information request to Havering Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for Francis Jackson to read recent responses and update the status.

Francis Jackson

Dear Havering Borough Council,

This is an amended request to previous withdrawn request AIR15550H. The amendment is to section 4 e & f to include batch ids for requests and responses to the DVLA that has come to light in further discussion with your Neighborhoods department. Please disregard the previous request AIR15550H.

Please provide the following information relating to requests for personal information from DVLA for Penalty Charge Notices (PCNs) issued via CCTV for all moving traffic (including bus lane) contraventions from
Jan 2016 until Jan 2018 where the date of the contravention occurs in this period.

1./
Total number of PCN cases created

2./
Total number of PCNs that were issued (sent to registered keeper)
a./ within 14 days
b./ within 28 days
c./ after 28 days
d./ not sent

3./
For all the PCNs issued how many times was personal information requested against the same PCN from the DVLA in the following groups (i.e. if three requests made against the same PCN would count only in the "3 times" bucket)
a./ 1 time
b./ 2 times
c./ 3 times
d./ 4 times
e./ 5 times or more

4./
Please provide as an electronic spreadsheet or text file csv equivalent the associated dataset for ALL requests made to the DVLA for personal information:
a./ ReferenceId used to enquire with the DVLA (e.g. HGHGHG0001 - NOT vehicle VRM)
b./ Date & Time of the recorded contravention
c./ Date request made to DVLA
d./ Date response received from the DVLA ('NONE' or blank if information was not received)
e./ The name of the batch in which the request was made to the DVLA
f./ DVLA response xml file name in which the requested data was received (e.g. DVLIMD64.xml)

Duplicated requests made against the same PCN on different dates should be listed separately on individual lines as follows in the example below
PCN HGHGHG00001 with contravention date 18/01/2016 was requested twice
20/01/2016 (no response)
21/03/2016 with a response received on 22/03/2016.
PCN HGHGHG00002 with contravention date 20/02/2016 was requested once
21/02/2016 with a response on 22/02/2016

csv/spreadsheet file format:
Reference,ContraventionDate,RequestMade,ResponseReceived,RequestBatchId,ResponseFileXml
HGHGHG00001,18/01/2016,20/01/2016,NONE,ABC123,NONE
HGHGHG00002,20/02/2016,21/02/2016,22/02/2016,ABC345,DVLIMD123456.xml
HGHGHG00001,18/01/2016,21/03/2016,22/03/2016,ABC678,DVLIMD678905.xml

I will remind you of your duty to offer assistance in the matter of the batch and response ids that are used.

Yours faithfully,

Francis Jackson

Accessinfo, Havering Borough Council

1 Attachment

Dear Mr Jackson

 

Acknowledgement of Information Request

AIR15562H

 

I acknowledge receipt of your request for information received on 1^st May
2018.  Your email is being considered and you will receive a response to
your request as soon as possible. 

 

The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 allow authorities 20 working days, following date of
receipt, in which to respond to requests.  You may be aware the
legislation defines a number of exemptions which may prevent release of
the information you have requested.  If any of the exemption categories
apply then the information will not be released. In these cases, we will
inform you of any exemptions we have applied together with our reasons for
withholding the information and your rights of appeal. 

 

Please bear in mind the legislation allows access to information 'held' by
the Council and not for the creation of new information or opinion. 
Therefore, we may only be able to supply documents or data that contain
the information we hold in response to your request.

 

There may be a fee payable for the supply of information.  This will be
calculated and you will be informed if a charge applies. In this event,
the fee must be paid before the information is released.

 

If you have any queries or concerns, please do not hesitate to contact me.

Further information regarding Access to Information is also available
from:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone:   0303 123 1113
[1]www.ico.org.uk

 

Yours sincerely

 

 

Mrs Waters | Access to Information Team

London Borough of Havering | Access to Information

Town Hall, Main Road, Romford, RM1 3BB

 

t 01708 431 445

e [2][email address]

w [3]www.havering.gov.uk

text relay 18001 01708 431 445

 

[4]havering

Sign up for [5]email updates for local news and information

 

This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
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Francis Jackson

Dear Accessinfo,

With 4 working days remaining on this request, please can I get an update and confirmation that this will be available within the required time. Also, you have not provided any assistance with regards to the batch or response ids that I have asked about.

Yours sincerely,

Francis Jackson

Accessinfo, Havering Borough Council

1 Attachment

Dear Francis Jackson,

 

Access to Information – AIR15562H

 

I refer to your request for information made under the Freedom of
Information Act 2000.  Your request has been considered and the
information held by Neighbourhoods (Environment)  is as follows:

 

+------------------------------------------------------------------------------------------------+
|Question|Please provide the following information relating to requests for personal information |
|1 |from DVLA for Penalty Charge Notices (PCNs) issued via CCTV for all moving traffic |
| |(including bus lane) contraventions from Jan 2016 until Jan 2018 where the date of the |
| |contravention occurs in this period. |
| | |
| |  |
| | |
| |Total number of PCN cases created |
|--------+---------------------------------------------------------------------------------------|
|Response|2016 = 12,926 |
| | |
| |2017 = 45,972 |
| | |
| |Jan 2018 = 8,374 |
|--------+---------------------------------------------------------------------------------------|
|Question|Total number of PCNs that were issued (sent to registered keeper)  |
|2 | |
| |a./ within 14 days  |
| | |
| |b./ within 28 days  |
| | |
| |c./ after 28 days  |
| | |
| |d./ not sent |
|--------+---------------------------------------------------------------------------------------|
|Response|We do not record this information and to get it would mean one person checking 67,272 |
| |cases individually because our database was not designed to collate this information as|
| |it is not crucial to our business. |
|--------+---------------------------------------------------------------------------------------|
|Question|For all the PCNs issued how many times was personal information requested against the |
|3 |same PCN from the DVLA in the following groups (i.e. if three requests made against the|
| |same PCN would count only in the "3 times" bucket)  |
| | |
| |a./ 1 time  |
| | |
| |b./ 2 times  |
| | |
| |c./ 3 times  |
| | |
| |d./ 4 times  |
| | |
| |e./ 5 times or more |
|--------+---------------------------------------------------------------------------------------|
|Response|We do not record this information and to get it would mean one person checking 67,272 |
| |cases individually because our database was not designed to collate this information as|
| |it is not crucial to our business. |
|--------+---------------------------------------------------------------------------------------|
|Question|Please provide as an electronic spreadsheet or text file csv equivalent the associated |
|4 |dataset for ALL requests made to the DVLA for personal information: |
| | |
| |a./ ReferenceId used to enquire with the DVLA (e.g. HGHGHG0001 - NOT vehicle VRM) b./ |
| |Date & Time of the recorded contravention c./ Date request made to DVLA |
| | |
| |d./ Date response received from the DVLA ('NONE' or blank if information was not |
| |received) |
| | |
| |e./ The name of the batch in which the request was made to the DVLA |
| | |
| |f./ DVLA response xml file name in which the requested data was received (e.g. |
| |DVLIMD64.xml) |
| | |
| |  |
| | |
| |Duplicated requests made against the same PCN on different dates should be listed |
| |separately on individual lines as follows in the example below |
| | |
| |PCN HGHGHG00001 with contravention date 18/01/2016 was requested twice |
| | |
| |20/01/2016 (no response) |
| | |
| |21/03/2016 with a response received on 22/03/2016. |
| | |
| |PCN HGHGHG00002 with contravention date 20/02/2016 was requested once |
| | |
| |21/02/2016 with a response on 22/02/2016 |
| | |
| |  |
| | |
| |csv/spreadsheet file format: |
| | |
| |Reference,ContraventionDate,RequestMade,ResponseReceived,RequestBatchId,ResponseFileXml|
| | |
| |HGHGHG00001,18/01/2016,20/01/2016,NONE,ABC123,NONE |
| | |
| |HGHGHG00002,20/02/2016,21/02/2016,22/02/2016,ABC345,DVLIMD123456.xml |
| | |
| |HGHGHG00001,18/01/2016,21/03/2016,22/03/2016,ABC678,DVLIMD678905.xml |
| | |
| |  |
|--------+---------------------------------------------------------------------------------------|
|Response|We do not record this information and to get it would mean one person checking 67,272 |
| |cases individually because our database was not designed to collate this information as|
| |it is not crucial to our business. |
+------------------------------------------------------------------------------------------------+

 

 

In accordance with the Regulations, this email also acts as a Refusal
Notice and details of the exemption applied is as follows:

 

Exemption under section: 12(4)(b) The request is manifestly unreasonable

 

Information the exemption applied to: As requested above

 

Reason for applying the exemption:

In order to provide the requested information an officer would be required
to investigate 67,272 records which are held by different sources. Then
any information in relation to the request that may be ascertained would
require manipulation in order to put in a legible format and would then
need to be verified. This is considered to be manifestly unreasonable.

 

Public Interest Test:

The time and resources that would be expended on collating this
information would be excessive and would be better spent on serving the
public interest by staff performing their regular Council duties.

 

I apologise that your request cannot be met in full and trust the above is
of use to you. 

 

You have the right of appeal against our decision. If you wish to appeal
please set out in writing your grounds of appeal and send to the above
address.  Please ensure that you quote our reference on any correspondence
to us.

 

I trust the information is of use to you and will close your request.

 

If you are dissatisfied with the way in which your request has been
handled you have the right to make a complaint.  Please put the details in
writing and return to me at the above address, your complaint will then be
dealt with in line with our corporate complaints procedure.  You also have
the right to complain to the Information Commissioner at the following
address:

 

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow 

Cheshire 

SK9 5AF

Telephone:   0303 123 1113

[1]www.ico.org.uk

 

Yours sincerely

 

Access to Information Team

London Borough of Havering | Access to Information

Town Hall, Main Road, Romford, RM1 3BB

 

t 01708 432476 |

e [2][Havering Borough Council request email]  

w [3]www.havering.gov.uk

text relay 18001 01708 432476

 

[4]havering

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This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

References

Visible links
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2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/
5. http://www.havering.gov.uk/Pages/Service...

Francis Jackson

Dear Havering Borough Council,

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

I am writing to request an internal review of Havering Borough Council's handling of my FOI request 'Penalty Charge Notice - Requests for personal information made to the DVLA (Reworked)'.

I consider your response a deliberate attempt at blocking my access to the public records of Havering Council.

2./ Question|Total number of PCNs that were issued (sent to registered keeper) |
a./ within 14 days
b./ within 28 days
c./ after 28 days
d./ not sent
|--------+---------------------------------------------------------------------------------------|
Response
We do not record this information and to get it would mean one person checking 67,272 cases individually because our database was not designed to collate this information as it is not crucial to our business.

This is incorrect information, for the following reasons
1./ The information is recorded, a previous Freedom of Information request indicates that you have the date of the contravention and the date of the issuing of the PCN to the registered keeper

2./ The information is crucial to your "business" as you are required to hold this information for purposes of audit by the DVLA under the KADOE link contract. You also have a duty to ensure that information is processed lawfully and fairly.

3./ The information is stored electronically in a database, these are not paper records and does not require a person checking each item individually, the year is 2018, database systems are quite able to perform the counting on behalf of a human very quickly and efficiently

In fact the following procurement document, indicates the ease of the Caseworker System in being able to create reports
http://democracy.havering.gov.uk/ieDecis...

In particular, page 4 quotes:
"An integral part of the Case Manager system is the ability to produce detailed management reports. These reports can either be standard on the system or can be tailored to the authority's need"
It does sound like a wonderfully flexible system and it has seemingly been used to answer other similar Freedom of Information requests.

4./ You have previously released similar based records - I shall refer to an article that I had recently read on the Romford Recorder website:
http://www.romfordrecorder.co.uk/news/ro...
In the article it states:

"The FOI revealed that since March, 7,540 penalty charge notices were given out, and 4,058 of them were paid within two weeks of them being issued...in total 71 overdue"

So just how were these figures obtained, presumably based on your refusal to my request it was something as follows?

You had one person check through 67,272 records looking for the 7,540 records for the Tangent Link junction. When these records were found for each record, this person had to look to see whether a payment had been made, if so note the duration between the issued date and the payment date, if not was the PCN payment overdue to finally conclude that 4,058 of the 7,540 PCN had been paid within 2 weeks and 71 where overdue

whereas my request is seemingly less complicated:

have one person check through 67,272 records note the duration between the issue date and the date of contravention

Now in reality you did not have a person individually check through 67k records did you....you executed a custom report from the highly configurable CaseManager software procured through Chipside Ltd.

Question 3:
Again this is a similar SQL style query to be run from the CaseManager system, grouping total of requests for personal data against the same PCN...multiple times. Again you have copied and pasted the same response as question 2, again it would appear to be a key metric of efficiency, indeed you have had to cancel PCN based on inefficiencies of this process.

Question 4:
This is by far the simplest query of all, a basic SQL export of data from the database, this information is also required for audit purposes by the DVLA under the KADOE link contract - it is critical to your "business"

Under the legislation of Freedom of Information you have a duty to provide assistance, I had asked regarding the batch ids and you have not provided any assistance in this matter at all to my follow up emails

http://www.romfordrecorder.co.uk/news/po...

“We need to get out there engaging with local people in a better way. We need to be more transparent about what we do and why we do it and what we are not going to do in the future.”
Andrew Blake-Herbert - Havering Council CEO

Please can I see the information requested, as your CEO states he is looking for the Council to be more open and transparent.

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,

Francis Jackson

Accessinfo, Havering Borough Council

Dear Mr Jackson

Acknowledgement of Appeal
Ref: AIR15562H

I acknowledge receipt of your email of appeal dated 2nd July 2018 @ 23:00.

Your email is being considered as an internal review of the decisions made in the response to your request for information.

I am currently looking into the matter and will endeavour to respond within 20 working days of receipt of your appeal, but if you have any queries or concerns in the meantime, please do not hesitate to contact me

Further information regarding the Freedom of Information Act 2000 / Environmental Information Regulations / Data Protection Act 1998 is also available from the Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire
SK9 5AF
Telephone: 01625 545 700
www.ico.gov.uk

Yours sincerely
Access to Information Team

show quoted sections

Dear Accessinfo,

Thank you for your email dated the 4th July 2018 regarding my request for internal review, I'm disappointed that I have not yet received an outcome of your internal review. In your email you specified that you aimed to have completed the review within 20 working days, the elapsed time since my request is now in excess of 85 days.

As you should be aware I have raised the matter with the Information Commissioner's Office and my understanding is that on 22nd October 2018 they had written to yourselves requesting that you provide a response to the internal review within 10 working days, this time has also now lapsed and I'm yet to receive your final internal review of this case.

Please can you give me an indication as to the progression of the review, or whether you have no intention of providing a response.

Yours sincerely,
Francis Jackson

Accessinfo, Havering Borough Council

Dear Mr Jackson,

 

Firstly apologies for the delay in responding to your internal review
request.

This has now been investigated and I would advise the outcome of findings
as follows:

 

Q2. Total number of PCNs that were issued (sent to registered keeper) 

        a./ within 14 days 

        b./ within 28 days 

        c./ after 28 days 

        d./ not sent

 

The service are unable to run reports that will provide the requested
data. An officer would be required to go through each individual case
which as previously advised would be in the region of 67,272 in order to
ascertain the requested data.

The cost of locating and retrieving the information would exceed the
'appropriate limit' as stated in the Freedom of Information Act. It is
estimated that it would take in excess of 18 hours to comply with your
request.

As such, the service are only able to provide data on how many PCN’s were
issued within the requested days.

 

Q4. You have previously released similar based records - I shall refer to
an article that I had recently read on the Romford Recorder website:

 

The article you are referring to in the Romford Recorder relates to
financial data that produce reports for finance & audit purposes.

The DVLA multi request issue comes directly form a ‘Chipside’ ‘back office
system’ that the service do not have access to.

 

I apologise that we are unable to assist you further with this matter and
will close your request.

 

If you are dissatisfied with the way in which your request has been
handled you have the right to complain to the Information Commissioner at
the following address:

 

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow 

Cheshire 

SK9 5AF

Telephone:   0303 123 1113

www.ico.org.uk

 

Your sincerely,

Ms Taylor | Access Information Manager

London Borough of Havering | Access Information

Town Hall, Main Road, Romford, Essex

 

t 01708 432518 |

e [1][Havering Borough Council request email]  

w [2]www.havering.gov.uk

text relay 18001 01708 432 518

 

 

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This document is strictly confidential and is intended only for use by the
addressee. If you are not the intended recipient, any disclosure, copying,
distribution or other action taken in reliance of the information
contained in this e-mail is strictly prohibited. Any views expressed by
the sender of this message are not necessarily those of the London Borough
of Havering. If you have received this transmission in error, please use
the reply function to tell us and then permanently delete what you have
received. This email was scanned for viruses by the London Borough of
Havering anti-virus services and on leaving the Authority was found to be
virus free. Please note: Incoming and outgoing e-mail messages are
routinely monitored for compliance with our policy on the use of
electronic communications.

Havering Council’s Privacy Notice can be found on our website Data
Protection,
https://www.havering.gov.uk/info/20044/c...,
which outlines your rights and how we collect, use, store, delete and
protect your personal data.

References

Visible links
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2. http://www.havering.gov.uk/
3. http://www.havering.gov.uk/Pages/Service...

Dear Accessinfo,

Thank you for your reply.

1./ In terms of the delay, are you able to explain why this review required in excess of 85 working days?

2./ I'm disappointed that you have not provided this information, in particular I made reference to the CaseManager system and the procurement document which states:

"An integral part of the Case Manager system is the ability to produce detailed management reports. These reports can either be standard on the system or can be tailored to the authority's need"

yet you have not provided any comment on this, are you able to comment on the capability of these "custom reports"? Do they allow you to build custom SQL style queries?

Please note that this is a system used nationally by other local authorities, according to the procurement document it is not a bespoke piece of software that you have commissioned - did you consult with Chipside Ltd at all as to whether the export of data is possible? On their website they indicate that "Big Data" is a central theme of their products. I presume that you have explored all such avenues during your 85 day internal review?

3./ The department might recognise that the values relate to the following :

within 14 days - This relates to the London Councils code of conduct, whereby the Secretary of State indicates that PCNs should be issued within 14 days

within 28 days - This relates to section 6(1) of the London Local Authorities and Transport for London Act 2003, stipulating that PCNs must not be issued after 28 days.

after 28 days - A measure of timeliness of response from the DVLA, and reliance on subsection 6(6) of LLA 2003

I note that you mention that the reports are for financial purposes only and you confirm that the council do not have any measures of the above metrics relating to following codes of conduct or ensuring lawful issuing according to the legislation.

Yours sincerely,
Francis Jackson

Accessinfo, Havering Borough Council

Dear Mr Jackson,
Your email sent to the Access to Information Team dated 6th November has been forwarded to the service area.
I will forward a response to you as soon as possible.
Kind Regards,
Access to Information Team

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Francis Jackson please sign in and let everyone know.