Penalty fares

Steve Elibank made this Freedom of Information request to Department for Transport

The request was successful.

Dear Department for Transport,

Under the Penalty Fare Rules 2002, authorised penalty fare collectors' identification "must be in line with a code of practice approved by the SRA."

I also understand that, "to make sure that [penalty fare] warning notices are consistent between different operators," there is a similar code of practice in place.

Both of these codes were apparently produced by ATOC but approved by the Strategic Rail Authority, and since DfT has assumed their functions, I presume you can supply me with this information.

Yours faithfully,
Steve Elibank

Dear Department for Transport,

Further to my FOI request 'Penalty fares' of earlier this evening, I would like to add one more paragraph:

Please also provide me with an electronic copy of every train operator's Penalty Fares Scheme currently approved.

Apologies for the inconvenience.

Yours faithfully,
Steve Elibank

Hazel Smith, Department for Transport

Dear Mr Elibank

I am writing to acknowledge receipt of your request for information which has been allocated the reference number 8252. A response will be issued to you in due course.

Regards,

Department for Transport
Information Rights Unit
D/04, Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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Dear Ms Smith,

May I remind you that your response to my FOI request 8252 is due by the 22nd (ie. today)?

Yours sincerely,
Steve Elibank

Hazel Smith, Department for Transport

I am out of the office until until Tuesday 22 November - Your e-mail will not be forwarded.
If the matter is urgent please contact:
Peter Parr ([email address] Extn.8201) or
Ivan Pocock ([email address] Extn.8254)

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Dear Ms Smith,

Your response to my FOI request 8252 is now overdue. I will complain to the Information Commission Office if you do not reply by 4pm today.

Steve Elibank

Ivan Pocock, Department for Transport

 

Dear Mr Elibank,

 

In Ms Smith’s absence I have spoken to the team that are dealing with your
request and they have confirmed that they will be writing to you today.

 

Regards,

 

Ivan Pocock

Department for Transport

Information Rights Unit

Zone D/04

Ashdown House

Sedlescombe Rd North

St Leonards on Sea

East Sussex

TN37 7GA 

 

 

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David1 Williams, Department for Transport

1 Attachment

Dear Mr Elibank

 

Please find attached the initial response to your FOI requests.

 

Yours sincerely

 

David Williams

Rail Fares & Passenger Benefits Team

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Dear Mr Williams,

Thank you for your reply to my FOI request regarding penalty fares. I am sorry to hear that the DFT will be unable to meet the 20-day limit to provide me with the information I requested.

In particular, I am surprised to hear that the two ATOC policies, regarding identification of collectors and format of warning signs, cannot immediately be released; since they are about the standardisation of materials designed for the public (signs and ID badges are soley for the benefit of the public) I am unsure how commercial interests could possibly be affected and I would be intrested to hear your views on this?

Yours sincerely,
Steve Elibank

David1 Williams, Department for Transport

Hello Mr Elibank

If I can respond in very basic terms to the point you raise by way of illustration, if it was your information I held for example, you might reasonably expect me to ask you first before I published it. Whilst I might take a view that it had no confidential content at all, you might not subsequently agree. So before taking the step I ask, which in short, it is both polite, and procedural. Hope this helps to answer your query and I reiterate that if you do need to know anything else in the meantime that may help please do let me know.

David Williams

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Dear Mr Williams,

You have had 20 working days to go through whatever pleasantries you feel are necessary.

The Freedom of Information Act is very clear that materials must be provided unless they fit into one of the listed exemptions, in which case a Refusal Notice must be issued under section 17, and this must happen within the stautoroy limit.

In particular, the two ATOC policies are public documents which the Secretary of State is required to authorise and which pertain to matters which are (at least to me) obviously not confidential.

I will extend the DFT's time-limit by seven working days from today, ie. if by close of business on Friday 2nd of December I have not received, at the very least, either the two ATOC policies or a Refusal Notice regarding those two policies, I will be requesting an Internal Review. (Note that this message is *not* a request for an Internal Review.)

Steve Elibank

David1 Williams, Department for Transport

Good Morning Mr Elibank

Thanks very much indeed for your prompt clarification, it is much appreciated.

Kind Regards

David Williams

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Dear Department for Transport,

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

I am writing to request an internal review of Department for Transport's handling of my FOI request 'Penalty fares'.

I made the request on October 25, and it is now a week over the 20-working-day deadline; I have still not had the information I requested.

The purported reason is that DfT has to ask the permission of various organisations before releasing the materials I asked for. I am not convinced that this procedure is necessary in each case, particularly in the case of the two ATOC policies I requested, which are designed for public consumption.

Furthermore, I do not understand why these consultations have not taken place within the 20-day statutory limit, This is a poor level of service.

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

Please acknowledge receipt of this request, and I look forward to receiving a full response to thjis Internal Review and to receiving the information I requested, within 20 working days of today.

Steve Elibank

Dear Mr Williams,

May I remind you that your department's response to my request for an Internal Review, which I submitted on December 2nd, is to be due very shortly according to the ICO's suggested 20-working day timescale. If I do not receive a response by January 5th, 20 working days later, I will have to complain to the Information Commission.

I have copied my request below for your convenience.

Please acknowledge receipt of this message.

Steve Elibank

Dear Department for Transport,

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

I am writing to request an internal review of Department for
Transport's handling of my FOI request 'Penalty fares'.

I made the request on October 25, and it is now a week over the
20-working-day deadline; I have still not had the information I
requested.

The purported reason is that DfT has to ask the permission of
various organisations before releasing the materials I asked for. I
am not convinced that this procedure is necessary in each case,
particularly in the case of the two ATOC policies I requested,
which are designed for public consumption.

Furthermore, I do not understand why these consultations have not
taken place within the 20-day statutory limit, This is a poor level
of service.

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

Please acknowledge receipt of this request, and I look forward to
receiving a full response to thjis Internal Review and to receiving
the information I requested, within 20 working days of today.

Steve Elibank

David1 Williams, Department for Transport

Thanks very much indeed for your continued interest in this issue Mr Elibank and a very Happy New year to you.

Kind Regards

Dave Williams

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Dear Mr Williams,

As the Internal Review has still not produced a result, I will now be complaining to the ICO.

Steve Elibank

David1 Williams, Department for Transport

Thanks very much Mr Elibank

Kind Regards

Dave Williams

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Dear David1 Williams,

It is now 3 and a half months since I made this FOI request.

I requested an Internal Review in December and have still not received a response.

Your department is clearly breaking the law and is now being investigated by the ICO with the reference number FS50430004.

I will happily withdraw my ICO complaint if you would (a) carry out an Internal Review, and (b) provide the information I requested in October.

Steve Elibank

David1 Williams, Department for Transport

1 Attachment

 

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Dear Mr Williams,

Thank you for your response to my FOI requests F0006272 and F0008252, which was 83 days past the statutory deadline, and only received after intervention by the Information Commissioner's Office.

I do not seem able to find the penalty fares schemes for Chiltern, Virgin, Southeastern, South West Trains or Southern Railway. Please could you either confirm that these companies do not currently have approved schemes or explain why you have omitted to include their schemes in the material you sent me?

I would like a speedy response to this message.

Steve Elibank

David1 Williams, Department for Transport

1 Attachment

[Subject only] RE: elibnak foi

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Simon Feast, Department for Transport

4 Attachments

Dear Mr Elibank

 

Please find attached a complete response to your request dated 25 October
2011.

 

The internal review into the length of time taken to respond to your
request is underway and a response will be sent on or before 12 March.

 

Sent on behalf of David Williams

 

 

 

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Simon Feast, Department for Transport

3 Attachments

Dear Mr Elibank

 

Please find attached a complete response to your request dated 25 October
2011.

 

The internal review into the length of time taken to respond to your
request is underway and a response will be sent on or before 12 March.

 

Sent on behalf of David Williams

 

 

 

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Andrew Murray, Department for Transport

1 Attachment

Dear Mr Elibank

 

Thank you for your email of 2 December to the Department requesting a
review of the handling of your FOI request on this subject.

 

I attach a letter setting out the results of the review, which I have now
completed.

 

Yours sincerely

 

Andrew Murray

 

Andrew Murray

Rail Performance and Operations Division, DfT

Zone 4/19, Great Minster House

020 7944 5984

GTN 3533 5984

 

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