Penalty fares

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

The request was successful.

From: Steve Elibank

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

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From: 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

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From: 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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From: Steve Elibank

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

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From: 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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From: Steve Elibank

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

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From: 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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From: David1 Williams
Department for Transport


Attachment F00006272 8252ELIBANK.pdf
351K Download View as HTML


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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From: Steve Elibank

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

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From: 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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From: Steve Elibank

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

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From: 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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From: 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

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From: 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

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From: 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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From: Steve Elibank

Dear Mr Williams,

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

Steve Elibank

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From: David1 Williams
Department for Transport

Thanks very much Mr Elibank

Kind Regards

Dave Williams

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From: Steve Elibank

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

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From: David1 Williams
Department for Transport


Attachment elibank.zip
9.6M Download


 

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From: Steve Elibank

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

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From: David1 Williams
Department for Transport


Attachment elibank5.pdf
9.4M Download View as HTML


[Subject only] RE: elibnak foi

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From: Simon Feast
Department for Transport


Attachment File 3 First Great Western and First Capital Connect.pdf
5.3M Download View as HTML

Attachment File 4 Tyne Wear NEXUS.pdf
1.3M Download View as HTML

Attachment File 5 Abellio Greater Anglia.pdf
1.8M Download View as HTML

Attachment File 6 ATOC Code of Practice.pdf
771K Download View as HTML


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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From: Simon Feast
Department for Transport


Attachment 120216 Complete FOI response.pdf
25K Download View as HTML

Attachment File 1 South Eastern Southern South West Trains and Chiltern.pdf
9.4M Download View as HTML

Attachment File 2 East Midlands London Midland Merseyrail and c2c.pdf
4.1M Download View as HTML


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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From: Andrew Murray
Department for Transport


Attachment 120229 FOI review Elibank final reply.doc
152K Download View as HTML


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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