Penalty Fares issued by TfL

The request was partially successful.

Dear Transport for London,

FREEDOM OF INFORMATION ACT 2000

I wish to request the following information under the terms of the Freedom of Information Act 2000 'The Act'.

In order to assist you with this request, I am outlining my query as specifically as possible. As you will understand, this may not be a definitive list of relevant information.

You may be aware that the act provides a duty on public authorities to assist requesters, and if you need clarification on anything you must contact myself.

1. Please can you confirm under what statue/common law do TfL have the power to issue Penalty Fares:
1.1 on London Buses
1.2 on London Underground
1.3 on Docklands Light Railway
1.4 on Croydon Tramlink
1.5 on London Overground?

2. How much is the Penalty Fare:
2.1 on London Buses
2.2 on London Underground
2.3 on Docklands Light Railway
2.4 on Croydon Tramlink
2.5 on London Overground?

3. Do your inspectors have:
3.1 the power of arrest
3.2 the power to detain or otherwise hold persons
3.3 the power to stop and question persons
3.4 training in PACE and other laws?
3.4.1 and if so please list which applicable statue/common laws?

4. Who is authorised to issue Penalty Fares:
4.1 on London Buses
4.2 on London Underground
4.3 on Docklands Light Railway
4.4 on Croydon Tramlink
4.5 on London Overground?

5. How can the inspectors as referred to in 3 above be identified, and do they have to give their names and details to persons who request it?

6. How many inspectors do TfL employ either directly or indirectly, and what are their basic salary's:
6.1 on London Buses
6.2 on London Underground
6.3 on Docklands Light Railway
6.4 on Croydon Tramlink
6.5 on London Overground?

7. Please can you provide a copy of:
7.1 a sample Penalty Fare notice which is issued:
7.1.1 on London Buses
7.1.2 on London Underground
7.1.3 on Docklands Light Railway
7.1.4 on Croydon Tramlink
7.1.5 on London Overground?
7.2 copies of any Penalty Fare notices or signage which are displayed on stations.
7.3 copies of any Penalty Fare documents which are available to the general public.
7.4 copies of any training documents which are used in the training or development of staff.

8 In order to keep costs low for you I wish to receive these documents in either .PDF format or via a link to a publicly available website.

Yours faithfully,

I Madder

Enquire (TfL), Transport for London

Ref: TFL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 07
December.

You have asked for information about Penalty Charge Notices issued by TfL.

We will deal with your request as soon as possible and in any case provide
you with a response by 04 January 2010.

In the meantime, if you have any queries, please do not hesitate to
contact me.

Yours sincerely

Lucielle Carlo

TfL Customer Relations

show quoted sections

Transport for London

Dear Ms Madder,

Thanks for taking the time to contact the London Underground Customer
Service Centre. I***m writing to let you know that we***ve received your
enquiry.

We will send you a personalised reply within 10 days. However, if we are
unable to answer your comments within this time, we will keep you updated
about the progress of your case until you receive a full response.

If you do need to contact us about this issue in the meantime, you can
call us on 0845 330 9880, quoting the reference number above. We***re open
7 days a week from 8am to 8pm.

Yours sincerely

Shirley Xavier
Customer Services Manager

Please ensure that any reply to this message includes the electronic tag
below so it can be routed to the correct department.

*************DO NOT DELETE*************
{ticketno:[625428]}
*************DO NOT DELETE*************

Francesca von Waayenoyen left an annotation ()

Hi I Madder,

I was wondering if you have received any replies on this and whether you mind sharing with the public? I am very eager to know these answers as well.

Enquire (TfL), Transport for London

Ref: TFL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 07
December. I am very sorry for the delay in responding to you.

You have asked for information about Penalty Charge Notices issued by TfL.

Unfortunately we will not be able to resolve your request within the
statutory 20 working day deadline. This is because response is being
finalised.

We will respond as soon as possible.

Please accept my apologies for this delay and any inconvenience it may
cause you. In the meantime, if you have any queries relating to your
request, please do not hesitate to contact me.

If you are not satisfied with this response, please read the attached
help-sheet entitled `Your Right to Appeal'.

Yours sincerely

Transport for London
Customer Relations

Your Right to Appeal

Internal Review

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision.

The internal review will be conducted by someone other than the person who
made the original decision, in accordance with the complaints procedure
published on our website at [1]www.tfl.gov.uk/foi.

Requests for internal review should be addressed to:

Head of Information Access and Compliance

6^th Floor Windsor House

42 - 50

Victoria Street

London

SW1H 0TL

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website

[2]www.ico.gov.uk

show quoted sections

I Madder left an annotation ()

I suspect they are time delaying as they dont want to release the information.

Dear Sirs,

Ref: TFL101272

Please could you as a matter of urgency please update me as to what is going on regarding my request?

Under the law you should have responded to me by the 7th January 2010.
You then stated (on the last possible day you could have) that you needed more time and a response was being finalised.

It has now been a further 20 days since that Email and I am wondering what is going on.

Furthermore I wish to request an Internal Review on this and your lack of being able to stick to deadlines.

I am aware of my rights under S50 of the act.

Yours sincerely,

I Madder

FOI, Transport for London

1 Attachment

28 January 2010

Our Ref: IRV-085-0910

Dear I Madder

Thank you for your email of 27 January 2010, in which you requested an
internal of your Freedom of Information request.

I can confirm that an internal review of your request will be conducted in
accordance with the attached procedure. The outcome will be communicated
to you as soon as possible and in any event by 24 February 2010.

I have sought an update on the status of your request. Information has
been received from most business areas and will be disclosed to your
shortly. The business areas which have not yet finalised their response
have been made aware of the need to respond to your request as soon as
possible.

I hope this information is of assistance. Please contact me if you have
any queries.

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

Enquire (TfL), Transport for London

25 Attachments

Ref: TfL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 07
December 2009, in which you submitted a Freedom of Information request for
information relating to Penalty Charges. Please accept my sincere
apologies for the delay in this response. This has been due to the time
taken to collate the information requested. 

For ease of reference, I have addressed each of the questions in the order
requested, numbered below.

1. Please can you confirm under what statue/common law do TfL have the
power to issue Penalty Fares:

1.1 on London Buses

1.2 on London Underground

1.3 on Docklands Light Railway

1.4 on Croydon Tramlink

1.5 on London Overground?

For London Buses, London Underground, London Overground and the Docklands
Light Railway (DLR), TfL abide by the Greater London Authority Act 1999 -
Schedule 17; The Transport for London Act 2008 - Part 4; and the Criminal
Procedure and Investigations Act 1996.

Information relating to the Croydon Tramlink will be provided as soon as
possible under separate cover.

     2. How much is the Penalty Fare

     2.1 on London Buses

     2.2 on London Underground

     2.3 on Docklands Light Railway

     2.4 on Croydon Tramlink

     2.5 on London Overground?

Please see the following link for this information.
[1]http://www.tfl.gov.uk/tickets/penaltyfar...

 

     3. Do your inspectors have:

     3.1 the power of arrest

     3.2 the power to detain or otherwise hold persons

     3.3 the power to stop and question persons

     3.4 training in PACE and other laws?

     3.4.1 and if so please list which applicable statue/common laws?

Buses - Inspectors on this service has no statutory power to arrest or
detain but have the same common law powers afforded to all persons. The
inspectors on this service do have the powers to request tickets for
inspection from passengers and ask questions relevant to their duties in
accordance with SI 1990 No. 1020 The Public Service Vehicles (Conduct of
Drivers, Inspectors and Passengers) Regulations 1990. Inspectors receive
full training in respect of relevant legislation and the requirements of
PACE and its application to their duties.

LU - Information relating to LU will be provided as soon as possible under
separate cover.

DLR - Inspectors on this service do not have the power of arrest or the
power to detain or hold persons. The inspectors on this service have the
power to stop and question persons who are found to be travelling without
a valid ticket / oyster; however they are unable to detain persons. There
are currently 8 Revenue Protection Inspectors (RPI) trained in PACE.

Tramlink - Inspectors on this service do not have the power of arrest or
the power to detain or hold persons. Inspectors on this service are
authorised to request details regarding journeys on Tramlink in respect of
which a penalty fare is payable or to request names and addresses in
respect of offences under the Tramlink Byelaws. Inspectors on this service
are not trained in PACE.

Overground - Information relating to London Overground will be provided as
soon as possible.

   

     4. Who is authorised to issue Penalty Fares:

     4.1 on London Buses

     4.2 on London Underground

     4.3 on Docklands Light Railway

     4.4 on Croydon Tramlink

     4.5 on London Overground?

Buses - On London's bus service, Bus Enforcement personnel are authorised
to issue Penalty Fares.

LU - Information relating to LU will be provided as soon as possible

DLR - On DLR services all staff are licensed to issue Penalty Fares.

Tramlink - On Tramlink services, any member of staff trained in revenue
protection duties are authorised to issue Penalty Fares.

Overground - London Overground Rail Operations Limited (LOROL) has a team
of Revenue Protection Inspectors, a proportion of which are classified as
"Authorised Persons" (a specific term recognised and defined in the Act)
under the provisions of the relevant legislation. Only they can issue a
Penalty Fare or Notice

    

     5. How can the inspectors as referred to in 3 above be
identified,

     and do they have to give their names and details to persons who

     request it?

London Buses - Bus Revenue Protection Inspectors (RPIs) carry a leather
wallet containing an Officials Plate with a unique Badge No. and a
checking authority Photographic ID card signed by the Director of
Community Safety and Enforcement. In addition they wear a TfL photographic
ID card with their unique Official's Badge number shown in large type
font, suspended in a clear pass holder. ID must be shown on demand. They
are not required to give their name but will give their unique badge
number upon request. They carry a stock of business cards with the
address and contact details of TfL's Customer Service call centre printed
on the front and a section for them to add their badge number on the
reverse. These are issued to customers on request.

LU - All LU inspectors have a Badge (photo Id) with a personal number
allocated to them.

DLR - All staff are issued with an ID, name badges and a pack number. In
addition to this they all carry a on their person their license. In an
event a requests is made for staff identification, the staff can either
give their names or pack numbers.

Tram - Staff normally wear full FirstGroup uniform, the operating company
(Tram Operations Limited) being a FirstGroup subsidiary. They may
occasionally work in plain clothes but must always announce their identity
and display their photo-identity card before checking any tickets. They
are not required to give their names to persons who request it but must
give their Inspector ID number and produce their photo-identity card.

London Overground - Inspectors wear a photo identity badge that states
that they are Authorised Persons for the purpose of issuing Penalty Fares.
In addition, they wear their London Overground name badges and would
always give their name when asked.

    

     6. How many inspectors do TfL employ either directly or
indirectly

     and what are their basic salary's:

     6.1 on London Buses

     6.2 on London Underground

     6.3 on Docklands Light Railway

     6.4 on Croydon Tramlink

     6.5 on London Overground?

Buses - There are 285 RPIs employed on London's bus service. Their basic
salary is £32,278.

LU - There are 234 Revenue Control Inspectors on the London Underground
service with a basic salary of £36,871

DLR - Serco Docklands, the privately owned managing company of the DLR
service currently have 306 licensed revenue officers. Information on the
basic salaries of these staff is held by Serco and not TfL (DLR). Serco is
not subject to the Freedom of Information Act and is unable to release
information relating to salary levels.

Tramlink - This information is being considered for disclosure and a
response will be provided as soon as possible.

London Overground - There are 21 Inspectors and 3 Team Leader Inspectors
employed on the London Overground's services earning £22k and £24k
respectively.

     7. Please can you provide a copy of:

     7.1 a sample Penalty Fare notice which is issued:

     7.1.1 on London Buses

     7.1.2 on London Underground

     7.1.3 on Docklands Light Railway

     7.1.4 on Croydon Tramlink

     7.1.5 on London Overground?

Buses - See attached sample image of a London Buses Penalty Fare ticket.

LU - Please find attached a copy of a sample penalty fare notice

DLR - Please see the attached copy of DLR penalty fare book.

Tramlink - Please see attached document for sample images of Tramlinks PFN
and signage

 

Overground - This information will be provided to you as soon as possible.

     7.2 copies of any Penalty Fare notices or signage which are
displayed on stations

Buses - please see attached samples of Penalty Fare signage.

LU - Please see the attached documents for copies of signage.

DLR - Please find attached the following documents which address this
point for DLR services:

· route-finder-penalty-fare

· train-map

· line-diagram-after-red-line

· line-diagram-before-red-line

· route-finder-no-smoking

Tram - Please see attached document for sample images of Tramlinks PFN and
signage

 

London Overground - Please find attached a document containing copies of
signage

     7.3 copies of any Penalty Fare documents which are available to
the

     general public.

Bus - Information can be found on the `Penalty Fares and prosecutions'
section of our website at www.tfl.gov.uk/tickets/penaltyfares/1089...,
at [2]www.tfl.gov.uk/tfl/search/?keywords=penalty+fare, and in section 9
of TfL's Conditions of Carriage at
[3]www.tfl.gov.uk/termsandconditions/899.aspx.

LU - Please see [4]http://www.tfl.gov.uk/tickets/penaltyfar...
for a copy of TfL's `Revenue enforcement and prosecutions policy. This
applies to the TfL group including LU. 

DLR - Please see [5]http://www.tfl.gov.uk/tickets/penaltyfar...
for a copy of TfL's `Revenue enforcement and prosecutions policy. This
applies to the TfL group including DLR.

Tram - there are no copies of Penalty Fare Documents available to the
general public for the Tram service.

Overground - Please see
[6]http://www.tfl.gov.uk/tickets/penaltyfar... for a copy of
TfL's `Revenue enforcement and prosecutions policy. This applies to the
TfL group including London Overground.

     7.4 copies of any training documents which are used in the
training

     or development of staff.

    

Buses - Please find the following documents attached.

· Driver's Guide to Ticketing.

· Conflict Management Workbook.

· Tick sheet reports (these are template driver reports which we
send to London's Bus Operators based on driver irregularities detected by
RPIs).

LU- This information is being considered for disclosure and a response
will be provided to you as soon as possible. 

DLR - This information is held by Serco and not TfL (DLR). Serco is not
subject to the Freedom of Information Act and is unable to release this
information.

Tram - This information is being considered for disclosure and a response
will be provided to you as soon as possible

London Overground - for information which addresses this point, please see
the following link:

I am again very sorry for the delay in responding to you. The above has
outstanding information for Questions 3, 4, 6 and 7 from LU, the Croydon
Tramlink and London Overground services. Once I have received complete
responses from them, I will forward them to you immediately.

If the above information is not what you were looking for, or if you are
unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Kind regards

Transport for London
Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to: 

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

[7]www.ico.gov.uk

Copyright  

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

show quoted sections

FOI, Transport for London

24 February 2010

Our Ref: IRV-085-0910

Dear I Madder

The internal review of your FOI request has been completed.

The review found that in failing to comply with request within 20 working
days, TfL contravened the requirements of the Freedom of Information Act.
The cause of the delay in responding was due to some business areas
failing to indentify relevant information for disclosure in good time.
There were then further delays due to discussions regarding whether any of
the information identified as relevant was subject to a statutory
exemption. 

On behalf of TfL please accept my apologies for the length of time it has
taken to deal with your request. Those involved will be reminded of their
responsibilities when dealing with FOI requests. 

I understand that much of the information requested has now been provided
to you but some aspects of your request remain outstanding. I will contact
the relevant business areas and ask them to respond to outstanding aspects
of your request as soon as possible.  

I hope this information is of assistance.  If you are dissatisfied with
the outcome of this internal review, you can refer the matter to the
independent authority responsible for enforcing the Freedom of Information
Act at the following address.

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

A complaint form is available on the ICO’s website (www.ico.gov.uk).

Yours sincerely

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

From: FOI
Sent: 28 January 2010 14:38
To: '[FOI #24333 email]'
Subject: RE: Internal review of Freedom of Information request - Penalty
Fares issued by TfL

28 January 2010

Our Ref: IRV-085-0910

Dear I Madder

Thank you for your email of 27 January 2010, in which you requested an
internal of your Freedom of Information request.

I can confirm that an internal review of your request will be conducted in
accordance with the attached procedure. The outcome will be communicated
to you as soon as possible and in any event by 24 February 2010.

I have sought an update on the status of your request. Information has
been received from most business areas and will be disclosed to your
shortly. The business areas which have not yet finalised their response
have been made aware of the need to respond to your request as soon as
possible.

I hope this information is of assistance. Please contact me if you have
any queries.

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

Enquire (TfL), Transport for London

1 Attachment

Ref: TfL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 7
December 2009, in which you submitted a Freedom of Information (FOI)
request for information relating to penalty fares. Please accept my
apologies once again for the long delay in responding fully to your
request.

In addition to the response we sent to you on 4 February, please find
below some of the information which is outstanding:

1. Please can you confirm under what statue/common law do TfL have the
power to issue Penalty Fares:

1.4 on Croydon Tramlink

TfL (Tramlink) abides by the Greater London Authority Act 1999 - Schedule
17; The Transport for London Act 2008 - Part 4; and the Criminal Procedure
and Investigations Act 1996.

3. Do your inspectors have:

3.1 the power of arrest

3.2 the power to detain or otherwise hold persons

3.3 the power to stop and question persons

3.4 training in PACE and other laws?

3.4.1 and if so please list which applicable statue/common laws?

London Underground - TfL's (London Underground (LU)) Revenue Inspectors
will "caution" any suspect in accordance with the Police and Criminal
Evidence Act 1984 (PACE), where questions put to the suspect are likely to
result in admissions or confessions prejudicial to the suspect's case.

Please note that questions relating to a suspect's identity, address and
journey details are unlikely to trigger a caution within the meaning of
PACE.

In administering the caution to a suspect, the TfL Revenue Inspector will
read out the caution and ask if the suspect understands. If the answer is
'no' the Inspector will then explain the caution as simply as possible and
then ask again if the suspect understands. Any reply to the caution must
be recorded in the Inspector's notebook or any other recording medium used
for this purpose.

4. Who is authorised to issue Penalty Fares:

 4.2 on London Underground

LU's Revenue Control Inspectors.

6. How many inspectors do TfL employ either directly or indirectly and
what are their basic salary's:

6.4 on Croydon Tramlink

Tramlink on behalf of TfL does not hold this level of information. This
information is held by First Group who is the employing company for
inspectors on London Tramlink. As First Group is a privately owned
company, they do not fall under the remit of the FOIA act. The request for
this information on your behalf has been declined on the grounds of
commercial sensitivity.

7. Please can you provide a copy of:

7.1 a sample Penalty Fare notice which is issued:

7.1.5 on London Overground?

7.3 copies of any Penalty Fare documents which are available to the
general public.

Please find below relevant materials already in the public domain for
Tramlink:

Tramlink Conditions of Travel found at:
[1]http://www.tfl.gov.uk/assets/downloads/t...

Penalty Fares and Prosecutions found at:
[2]http://www.tfl.gov.uk/tickets/penaltyfar...

The Croydon Tramlink Act found at:
[3]http://www.opsi.gov.uk/Acts/localact1994...

Tramlink Fares and Tickets Guide found at:
[4]http://www.firstgroup.com/ukbus/london/l...

Tramlink User Guide found at:

[5]http://www.tfl.gov.uk/assets/downloads/t... guide.pdf

7.4 copies of any training documents which are used in the training or
development of staff.

Tramlink training documents are held by Tram Operations Ltd (TOL), but
these were developed by TOL for their own purposes and are not held on
behalf of TfL. They are therefore not held by TfL under the FOI Act.

Information regarding question 7.4 "copies of any training documents which
are used in the training or development of staff" in relation to London
Underground is being reviewed for disclosure. I am again very sorry for
the delay in addressing all the points raised in your initial request.
Once the review is completed, I will contact you immediately.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Kind regards

Transport for London
Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to: 

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

[6]www.ico.gov.uk

Copyright  

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

From: Enquire (TfL)

Sent: 04 February 2010 12:36

To: '[FOI #24333 email]'

Subject: Freedom of Information request - Penalty Fares issued by TfL

Ref: TfL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 07
December 2009, in which you submitted a Freedom of Information request for
information relating to Penalty Charges. Please accept my sincere
apologies for the delay in this response. This has been due to the time
taken to collate the information requested.

For ease of reference, I have addressed each of the questions in the order
requested, numbered below.

1. Please can you confirm under what statue/common law do TfL have the
power to issue Penalty Fares:

1.1 on London Buses

1.2 on London Underground

1.3 on Docklands Light Railway

1.4 on Croydon Tramlink

1.5 on London Overground?

For London Buses, London Underground, London Overground and the Docklands
Light Railway (DLR), TfL abide by the Greater London Authority Act 1999 -
Schedule 17; The Transport for London Act 2008 - Part 4; and the Criminal
Procedure and Investigations Act 1996.

Information relating to the Croydon Tramlink will be provided as soon as
possible under separate cover.

2. How much is the Penalty Fare

2.1 on London Buses

2.2 on London Underground

2.3 on Docklands Light Railway

2.4 on Croydon Tramlink

2.5 on London Overground?

Please see the following link for this information.
http://www.tfl.gov.uk/tickets/penaltyfar...

3. Do your inspectors have:

3.1 the power of arrest

3.2 the power to detain or otherwise hold persons

3.3 the power to stop and question persons

3.4 training in PACE and other laws?

3.4.1 and if so please list which applicable statue/common laws?

Buses - Inspectors on this service has no statutory power to arrest or
detain but have the same common law powers afforded to all persons. The
inspectors on this service do have the powers to request tickets for
inspection from passengers and ask questions relevant to their duties in
accordance with SI 1990 No. 1020 The Public Service Vehicles (Conduct of
Drivers, Inspectors and Passengers) Regulations 1990. Inspectors receive
full training in respect of relevant legislation and the requirements of
PACE and its application to their duties.

LU - Information relating to LU will be provided as soon as possible under
separate cover.

DLR - Inspectors on this service do not have the power of arrest or the
power to detain or hold persons. The inspectors on this service have the
power to stop and question persons who are found to be travelling without
a valid ticket / oyster; however they are unable to detain persons. There
are currently 8 Revenue Protection Inspectors (RPI) trained in PACE.

Tramlink - Inspectors on this service do not have the power of arrest or
the power to detain or hold persons. Inspectors on this service are
authorised to request details regarding journeys on Tramlink in respect of
which a penalty fare is payable or to request names and addresses in
respect of offences under the Tramlink Byelaws. Inspectors on this service
are not trained in PACE.

Overground - Information relating to London Overground will be provided as
soon as possible.

4. Who is authorised to issue Penalty Fares:

4.1 on London Buses

4.2 on London Underground

4.3 on Docklands Light Railway

4.4 on Croydon Tramlink

4.5 on London Overground?

Buses - On London's bus service, Bus Enforcement personnel are authorised
to issue Penalty Fares.

LU - Information relating to LU will be provided as soon as possible

DLR - On DLR services all staff are licensed to issue Penalty Fares.

Tramlink - On Tramlink services, any member of staff trained in revenue
protection duties are authorised to issue Penalty Fares.

Overground - London Overground Rail Operations Limited (LOROL) has a team
of Revenue Protection Inspectors, a proportion of which are classified as
"Authorised Persons" (a specific term recognised and defined in the Act)
under the provisions of the relevant legislation. Only they can issue a
Penalty Fare or Notice

5. How can the inspectors as referred to in 3 above be identified,

and do they have to give their names and details to persons who

request it?

London Buses - Bus Revenue Protection Inspectors (RPIs) carry a leather
wallet containing an Officials Plate with a unique Badge No. and a
checking authority Photographic ID card signed by the Director of
Community Safety and Enforcement. In addition they wear a TfL photographic
ID card with their unique Official's Badge number shown in large type
font, suspended in a clear pass holder. ID must be shown on demand. They
are not required to give their name but will give their unique badge
number upon request. They carry a stock of business cards with the
address and contact details of TfL's Customer Service call centre printed
on the front and a section for them to add their badge number on the
reverse. These are issued to customers on request.

LU - All LU inspectors have a Badge (photo Id) with a personal number
allocated to them.

DLR - All staff are issued with an ID, name badges and a pack number. In
addition to this they all carry a on their person their license. In an
event a requests is made for staff identification, the staff can either
give their names or pack numbers.

Tram - Staff normally wear full FirstGroup uniform, the operating company
(Tram Operations Limited) being a FirstGroup subsidiary. They may
occasionally work in plain clothes but must always announce their identity
and display their photo-identity card before checking any tickets. They
are not required to give their names to persons who request it but must
give their Inspector ID number and produce their photo-identity card.

London Overground - Inspectors wear a photo identity badge that states
that they are Authorised Persons for the purpose of issuing Penalty Fares.
In addition, they wear their London Overground name badges and would
always give their name when asked.

6. How many inspectors do TfL employ either directly or indirectly

and what are their basic salary's:

6.1 on London Buses

6.2 on London Underground

6.3 on Docklands Light Railway

6.4 on Croydon Tramlink

6.5 on London Overground?

Buses - There are 285 RPIs employed on London's bus service. Their basic
salary is £32,278.

LU - There are 234 Revenue Control Inspectors on the London Underground
service with a basic salary of £36,871

DLR - Serco Docklands, the privately owned managing company of the DLR
service currently have 306 licensed revenue officers. Information on the
basic salaries of these staff is held by Serco and not TfL (DLR). Serco is
not subject to the Freedom of Information Act and is unable to release
information relating to salary levels.

Tramlink - This information is being considered for disclosure and a
response will be provided as soon as possible.

London Overground - There are 21 Inspectors and 3 Team Leader Inspectors
employed on the London Overground's services earning £22k and £24k
respectively.

7. Please can you provide a copy of:

7.1 a sample Penalty Fare notice which is issued:

7.1.1 on London Buses

7.1.2 on London Underground

7.1.3 on Docklands Light Railway

7.1.4 on Croydon Tramlink

7.1.5 on London Overground?

Buses - See attached sample image of a London Buses Penalty Fare ticket.

LU - Please find attached a copy of a sample penalty fare notice

DLR - Please see the attached copy of DLR penalty fare book.

Tramlink - Please see attached document for sample images of Tramlinks PFN
and signage

Overground - This information will be provided to you as soon as possible.

7.2 copies of any Penalty Fare notices or signage which are displayed
on stations

Buses - please see attached samples of Penalty Fare signage.

LU - Please see the attached documents for copies of signage.

DLR - Please find attached the following documents which address this
point for DLR services:

o route-finder-penalty-fare

o train-map

o line-diagram-after-red-line

o line-diagram-before-red-line

o route-finder-no-smoking

Tram - Please see attached document for sample images of Tramlinks PFN and
signage

London Overground - Please find attached a document containing copies of
signage

7.3 copies of any Penalty Fare documents which are available to the

general public.

Bus - Information can be found on the `Penalty Fares and prosecutions'
section of our website at www.tfl.gov.uk/tickets/penaltyfares/1089...,
at www.tfl.gov.uk/tfl/search/?keywords=pena..., and in section 9 of
TfL's Conditions of Carriage at
www.tfl.gov.uk/termsandconditions/899.aspx.

LU - Please see http://www.tfl.gov.uk/tickets/penaltyfar... for a
copy of TfL's `Revenue enforcement and prosecutions policy. This applies
to the TfL group including LU.

DLR - Please see http://www.tfl.gov.uk/tickets/penaltyfar... for
a copy of TfL's `Revenue enforcement and prosecutions policy. This applies
to the TfL group including DLR.

Tram - there are no copies of Penalty Fare Documents available to the
general public for the Tram service.

Overground - Please see
http://www.tfl.gov.uk/tickets/penaltyfar... for a copy of TfL's
`Revenue enforcement and prosecutions policy. This applies to the TfL
group including London Overground.

7.4 copies of any training documents which are used in the training

or development of staff.

Buses - Please find the following documents attached.

o Driver's Guide to Ticketing.

o Conflict Management Workbook.

o Tick sheet reports (these are template driver reports which we send to
London's Bus Operators based on driver irregularities detected by RPIs).

LU- This information is being considered for disclosure and a response
will be provided to you as soon as possible.

DLR - This information is held by Serco and not TfL (DLR). Serco is not
subject to the Freedom of Information Act and is unable to release this
information.

Tram - This information is being considered for disclosure and a response
will be provided to you as soon as possible

London Overground - for information which addresses this point, please see
the following link:

I am again very sorry for the delay in responding to you. The above has
outstanding information for Questions 3, 4, 6 and 7 from LU, the Croydon
Tramlink and London Overground services. Once I have received complete
responses from them, I will forward them to you immediately.

If the above information is not what you were looking for, or if you are
unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Kind regards

Transport for London

Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

www.ico.gov.uk

Copyright

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

show quoted sections

Enquire (TfL), Transport for London

Enquire (TfL) would like to recall the message, "".

show quoted sections

Enquire (TfL), Transport for London

1 Attachment

Ref: TfL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 7
December 2009, in which you submitted a Freedom of Information (FOI)
request for information relating to penalty fares. Please accept my
apologies once again for the long delay in responding fully to your
request.

In addition to the response we sent to you on 4 February, please find
below some of the information which is outstanding:

1. Please can you confirm under what statue/common law do TfL have the
power to issue Penalty Fares:

1.4 on Croydon Tramlink

TfL (Tramlink) abides by the Greater London Authority Act 1999 - Schedule
17; The Transport for London Act 2008 - Part 4; and the Criminal Procedure
and Investigations Act 1996.

3. Do your inspectors have:

3.1 the power of arrest

3.2 the power to detain or otherwise hold persons

3.3 the power to stop and question persons

3.4 training in PACE and other laws?

3.4.1 and if so please list which applicable statue/common laws?

London Underground - TfL's (London Underground (LU)) Revenue Inspectors
will "caution" any suspect in accordance with the Police and Criminal
Evidence Act 1984 (PACE), where questions put to the suspect are likely to
result in admissions or confessions prejudicial to the suspect's case.

Please note that questions relating to a suspect's identity, address and
journey details are unlikely to trigger a caution within the meaning of
PACE.

In administering the caution to a suspect, the TfL Revenue Inspector will
read out the caution and ask if the suspect understands. If the answer is
'no' the Inspector will then explain the caution as simply as possible and
then ask again if the suspect understands. Any reply to the caution must
be recorded in the Inspector's notebook or any other recording medium used
for this purpose.

4. Who is authorised to issue Penalty Fares:

4.2 on London Underground

LU's Revenue Control Inspectors.

6. How many inspectors do TfL employ either directly or indirectly and
what are their basic salary's:

6.4 on Croydon Tramlink

Tramlink on behalf of TfL does not hold this level of information. This
information is held by First Group who is the employing company for
inspectors on London Tramlink. As First Group is a privately owned
company, they do not fall under the remit of the FOIA act. The request for
this information on your behalf has been declined on the grounds of
commercial sensitivity.

7. Please can you provide a copy of:

7.1 a sample Penalty Fare notice which is issued:

7.1.5 on London Overground?

7.3 copies of any Penalty Fare documents which are available to the
general public.

Please find below relevant materials already in the public domain for
Tramlink:

Tramlink Conditions of Travel found at:
[1]http://www.tfl.gov.uk/assets/downloads/t...

Penalty Fares and Prosecutions found at:
[2]http://www.tfl.gov.uk/tickets/penaltyfar...

The Croydon Tramlink Act found at:
[3]http://www.opsi.gov.uk/Acts/localact1994...

Tramlink Fares and Tickets Guide found at:
[4]http://www.firstgroup.com/ukbus/london/l...

Tramlink User Guide found at:

[5]http://www.tfl.gov.uk/assets/downloads/t... guide.pdf

7.4 copies of any training documents which are used in the training or
development of staff.

Tramlink training documents are held by Tram Operations Ltd (TOL), but
these were developed by TOL for their own purposes and are not held on
behalf of TfL. They are therefore not held by TfL under the FOI Act.

Information regarding question 7.4 "copies of any training documents which
are used in the training or development of staff" in relation to London
Underground is being reviewed for disclosure. I am again very sorry for
the delay in addressing all the points raised in your initial request.
Once the review is completed, I will contact you immediately.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Kind regards

Transport for London
Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

[6]www.ico.gov.uk

Copyright

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

From: Enquire (TfL)

Sent: 04 February 2010 12:36

To: '[FOI #24333 email]'

Subject: Freedom of Information request - Penalty Fares issued by TfL

Ref: TfL101272

Dear Sir/Madam

Thank you for your email received by Transport for London (TfL) on 07
December 2009, in which you submitted a Freedom of Information request for
information relating to Penalty Charges. Please accept my sincere
apologies for the delay in this response. This has been due to the time
taken to collate the information requested.

For ease of reference, I have addressed each of the questions in the order
requested, numbered below.

1. Please can you confirm under what statue/common law do TfL have the
power to issue Penalty Fares:

1.1 on London Buses

1.2 on London Underground

1.3 on Docklands Light Railway

1.4 on Croydon Tramlink

1.5 on London Overground?

For London Buses, London Underground, London Overground and the Docklands
Light Railway (DLR), TfL abide by the Greater London Authority Act 1999 -
Schedule 17; The Transport for London Act 2008 - Part 4; and the Criminal
Procedure and Investigations Act 1996.

Information relating to the Croydon Tramlink will be provided as soon as
possible under separate cover.

2. How much is the Penalty Fare

2.1 on London Buses

2.2 on London Underground

2.3 on Docklands Light Railway

2.4 on Croydon Tramlink

2.5 on London Overground?

Please see the following link for this information.
http://www.tfl.gov.uk/tickets/penaltyfar...

3. Do your inspectors have:

3.1 the power of arrest

3.2 the power to detain or otherwise hold persons

3.3 the power to stop and question persons

3.4 training in PACE and other laws?

3.4.1 and if so please list which applicable statue/common laws?

Buses - Inspectors on this service has no statutory power to arrest or
detain but have the same common law powers afforded to all persons. The
inspectors on this service do have the powers to request tickets for
inspection from passengers and ask questions relevant to their duties in
accordance with SI 1990 No. 1020 The Public Service Vehicles (Conduct of
Drivers, Inspectors and Passengers) Regulations 1990. Inspectors receive
full training in respect of relevant legislation and the requirements of
PACE and its application to their duties.

LU - Information relating to LU will be provided as soon as possible under
separate cover.

DLR - Inspectors on this service do not have the power of arrest or the
power to detain or hold persons. The inspectors on this service have the
power to stop and question persons who are found to be travelling without
a valid ticket / oyster; however they are unable to detain persons. There
are currently 8 Revenue Protection Inspectors (RPI) trained in PACE.

Tramlink - Inspectors on this service do not have the power of arrest or
the power to detain or hold persons. Inspectors on this service are
authorised to request details regarding journeys on Tramlink in respect of
which a penalty fare is payable or to request names and addresses in
respect of offences under the Tramlink Byelaws. Inspectors on this service
are not trained in PACE.

Overground - Information relating to London Overground will be provided as
soon as possible.

4. Who is authorised to issue Penalty Fares:

4.1 on London Buses

4.2 on London Underground

4.3 on Docklands Light Railway

4.4 on Croydon Tramlink

4.5 on London Overground?

Buses - On London's bus service, Bus Enforcement personnel are authorised
to issue Penalty Fares.

LU - Information relating to LU will be provided as soon as possible

DLR - On DLR services all staff are licensed to issue Penalty Fares.

Tramlink - On Tramlink services, any member of staff trained in revenue
protection duties are authorised to issue Penalty Fares.

Overground - London Overground Rail Operations Limited (LOROL) has a team
of Revenue Protection Inspectors, a proportion of which are classified as
"Authorised Persons" (a specific term recognised and defined in the Act)
under the provisions of the relevant legislation. Only they can issue a
Penalty Fare or Notice

5. How can the inspectors as referred to in 3 above be identified,

and do they have to give their names and details to persons who

request it?

London Buses - Bus Revenue Protection Inspectors (RPIs) carry a leather
wallet containing an Officials Plate with a unique Badge No. and a
checking authority Photographic ID card signed by the Director of
Community Safety and Enforcement. In addition they wear a TfL photographic
ID card with their unique Official's Badge number shown in large type
font, suspended in a clear pass holder. ID must be shown on demand. They
are not required to give their name but will give their unique badge
number upon request. They carry a stock of business cards with the
address and contact details of TfL's Customer Service call centre printed
on the front and a section for them to add their badge number on the
reverse. These are issued to customers on request.

LU - All LU inspectors have a Badge (photo Id) with a personal number
allocated to them.

DLR - All staff are issued with an ID, name badges and a pack number. In
addition to this they all carry a on their person their license. In an
event a requests is made for staff identification, the staff can either
give their names or pack numbers.

Tram - Staff normally wear full FirstGroup uniform, the operating company
(Tram Operations Limited) being a FirstGroup subsidiary. They may
occasionally work in plain clothes but must always announce their identity
and display their photo-identity card before checking any tickets. They
are not required to give their names to persons who request it but must
give their Inspector ID number and produce their photo-identity card.

London Overground - Inspectors wear a photo identity badge that states
that they are Authorised Persons for the purpose of issuing Penalty Fares.
In addition, they wear their London Overground name badges and would
always give their name when asked.

6. How many inspectors do TfL employ either directly or indirectly

and what are their basic salary's:

6.1 on London Buses

6.2 on London Underground

6.3 on Docklands Light Railway

6.4 on Croydon Tramlink

6.5 on London Overground?

Buses - There are 285 RPIs employed on London's bus service. Their basic
salary is £32,278.

LU - There are 234 Revenue Control Inspectors on the London Underground
service with a basic salary of £36,871

DLR - Serco Docklands, the privately owned managing company of the DLR
service currently have 306 licensed revenue officers. Information on the
basic salaries of these staff is held by Serco and not TfL (DLR). Serco is
not subject to the Freedom of Information Act and is unable to release
information relating to salary levels.

Tramlink - This information is being considered for disclosure and a
response will be provided as soon as possible.

London Overground - There are 21 Inspectors and 3 Team Leader Inspectors
employed on the London Overground's services earning £22k and £24k
respectively.

7. Please can you provide a copy of:

7.1 a sample Penalty Fare notice which is issued:

7.1.1 on London Buses

7.1.2 on London Underground

7.1.3 on Docklands Light Railway

7.1.4 on Croydon Tramlink

7.1.5 on London Overground?

Buses - See attached sample image of a London Buses Penalty Fare ticket.

LU - Please find attached a copy of a sample penalty fare notice

DLR - Please see the attached copy of DLR penalty fare book.

Tramlink - Please see attached document for sample images of Tramlinks PFN
and signage

Overground - This information will be provided to you as soon as possible.

7.2 copies of any Penalty Fare notices or signage which are displayed
on stations

Buses - please see attached samples of Penalty Fare signage.

LU - Please see the attached documents for copies of signage.

DLR - Please find attached the following documents which address this
point for DLR services:

o route-finder-penalty-fare

o train-map

o line-diagram-after-red-line

o line-diagram-before-red-line

o route-finder-no-smoking

Tram - Please see attached document for sample images of Tramlinks PFN and
signage

London Overground - Please find attached a document containing copies of
signage

7.3 copies of any Penalty Fare documents which are available to the

general public.

Bus - Information can be found on the `Penalty Fares and prosecutions'
section of our website at www.tfl.gov.uk/tickets/penaltyfares/1089...,
at www.tfl.gov.uk/tfl/search/?keywords=pena..., and in section 9 of
TfL's Conditions of Carriage at
www.tfl.gov.uk/termsandconditions/899.aspx.

LU - Please see http://www.tfl.gov.uk/tickets/penaltyfar... for a
copy of TfL's `Revenue enforcement and prosecutions policy. This applies
to the TfL group including LU.

DLR - Please see http://www.tfl.gov.uk/tickets/penaltyfar... for
a copy of TfL's `Revenue enforcement and prosecutions policy. This applies
to the TfL group including DLR.

Tram - there are no copies of Penalty Fare Documents available to the
general public for the Tram service.

Overground - Please see
http://www.tfl.gov.uk/tickets/penaltyfar... for a copy of TfL's
`Revenue enforcement and prosecutions policy. This applies to the TfL
group including London Overground.

7.4 copies of any training documents which are used in the training

or development of staff.

Buses - Please find the following documents attached.

o Driver's Guide to Ticketing.

o Conflict Management Workbook.

o Tick sheet reports (these are template driver reports which we send to
London's Bus Operators based on driver irregularities detected by RPIs).

LU- This information is being considered for disclosure and a response
will be provided to you as soon as possible.

DLR - This information is held by Serco and not TfL (DLR). Serco is not
subject to the Freedom of Information Act and is unable to release this
information.

Tram - This information is being considered for disclosure and a response
will be provided to you as soon as possible

London Overground - for information which addresses this point, please see
the following link:

I am again very sorry for the delay in responding to you. The above has
outstanding information for Questions 3, 4, 6 and 7 from LU, the Croydon
Tramlink and London Overground services. Once I have received complete
responses from them, I will forward them to you immediately.

If the above information is not what you were looking for, or if you are
unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

Kind regards

Transport for London

Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

www.ico.gov.uk

Copyright

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

show quoted sections

Enquire (TfL), Transport for London

Ref: TfL101272

Dear Mr Madder

Thank you for your email received by Transport for London (TfL) on 6
December 2010. I am very sorry for the delay you are experiencing.

Please be assured that I am working on collating the outstanding
information for you and it I hope to be able to forward this to you as
soon as possible.

I understand that the delay must be frustrating, so please accept my
sincere apologies for this. In the meantime, if you have any queries
relating to your request, please do not hesitate to contact me.

If you are not satisfied with this response, please read the attached
help-sheet entitled `Your Right to Appeal'.
Kind Regards

Transport for London
Customer Relations

Your Right to Appeal

Internal Review

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision.

The internal review will be conducted by someone other than the person who
made the original decision, in accordance with the complaints procedure
published on our website at [1]www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance
Floor 5, Windsor House
42 - 50
Victoria Street
London
SW1H 0TL

E-mail: [2][email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at [3]www.ico.gov.uk

show quoted sections

Enquire (TfL), Transport for London

20 Attachments

Ref: TfL101272

Dear Mr Madder

Thank you for your email received by Transport for London (TfL) on 6
December 2010. I am very sorry for the delay you have experienced.

In addition to the response I sent you on 4^th and 24^th of February 2010,
please find below the information which is outstanding for question 7.4:

Please see attached copies of redacted training documents used in the
training and or development of London Underground's staff.

Some of the information contained within the attached documents has been
redacted because it is exempt from disclosure under section 31(1)(b) of
the Freedom of Information Act. The material redacted from the documents,
if released into the public domain, would prejudice TfL's ability to
prosecute fare evaders as it would enable passengers being questioned by a
Revenue Control Inspector in relation to a travel irregularity to
formulate certain responses (from knowledge of the training material) so
as to avoid detection and therefore evade prosecution for fare evasion,
when in fact this would be the correct course of action.

The use of section 31 is subject to an assessment of the public interest.
TfL acknowledges that there is a general public in promoting openness and
transparency and TfL recognises that disclosure of this information may
lead to a better understanding of the decision making process. However,
the strength of these arguments is mitigated by the fact that TfL already
discloses a lot of its reasoning behind whether to issue Penalty Fares or
report for consideration of prosecution in its Revenue Enforcement and
Prosecutions Policy, which is available on the TfL website. Furthermore,
TfL considers that it there is a stronger public interest in ensuring that
TfL's ability to protect public money through ticket and pass inspections
is not prejudiced by the disclosure of this information.

I am again very sorry for the delay you have experienced.

If this is not the information you are looking for, or if you are unable
to access it for some reason, please do not hesitate to contact me.

Please see below an information sheet for details of your right to appeal
as well as information on copyright and what to do if you would like to
re-use any of the information we have disclosed.

Yours sincerely

Transport for London
Customer Relations

Your right to appeal

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision. The
internal review will be conducted by someone who was not involved in the
processing of your original request, in accordance with the complaints
procedure published on our website at www.tfl.gov.uk/foi

Requests for internal review should be addressed to:

Head of Information Access and Compliance

Floor 5, Windsor House

42-50 Victoria Street

London

SW1H 0TL

E-mail: [email address]

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner's Office
website at

[1]www.ico.gov.uk

Copyright

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would otherwise infringe
copyright (for example, by making copies, publishing it, or issuing copies
to the public). Brief extracts of the material may be reproduced under the
fair dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting. In respect
of use for criticism, review and news reporting, any reproduction must be
accompanied by an acknowledgement that TfL or one of its subsidiary
companies is the copyright owner.

Re-use

If you would like to re-use the information supplied with this response
please contact TfL using the details provided in the attached letter.
Requests for re-use will be considered in accordance with the Re-use of
Public Sector Information Regulations 2005.

show quoted sections

Dear Enquire (TfL),

I wish to request a further internal review as to the exemptions you have used as to the reasons to redact most of the documents I have requested.
I wish to also ask why it has taken you almost 4 months to provide me with the information I requested. Considering the act states 20 days, I believe you are seriously in breach of the act, and I want to know what you are going to do about it! I also want to know if anybody is going to be disciplined for your failure.

I draw your attention to a decision notice issued by the ICO on 29 June 2009 in regards to a similar request where you used the same exemptions, using the same excuses.
(http://www.ico.gov.uk/upload/documents/d...) This was overturned at the information appeals tribunal (http://www.informationtribunal.gov.uk/DB...) and the appeal was allowed.

I do not wish to go through a lengthy process but require full un-redacted documents.

In British Law, it is a common right for the accused to face their accuser, it also common for them to see ALL the evidence against them and also to see all the documents used to find said evidence against them. By redacting these documents you are obviously hiding something you don't want people to know otherwise why would you hide it in the first place?
You claim you are open because you publish a Revenue Enforcement and Prosecutions Policy, so if you really are true and open then provide me with the documents un-redacted.

I expect to receive the outcome to my internal review in accordance with the ICO Good Practice Guidance No. 5, which states
"the Commissioner considers that a reasonable time
for completing an internal review is 20 working days from the date of the request for review."

However based on your past history in this case, I suspect it will take you longer. If it does I will be complaining to the ICO as you clearly cannot follow the FOIA

Yours sincerely,

I Madder

FOI, Transport for London

1 Attachment

28 April 2010

Our ref: IRV-011-1011

Dear I Madder

Thank you for your email of 25 April 2010 in which you requested an
internal review of the time taken to respond to your request and the
decision to withhold some material.

I can confirm that an internal review of your request will be conducted in
accordance with the attached procedure. The outcome will be communicated
to you as soon as possible and in any event by 24 May 2010. .

I hope this information is of assistance. Please contact me if you have
any queries.

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

FOI, Transport for London

21 May 2010

Our ref: IRV-011-1011

Dear I Madder

I write to provide an update on the internal review of your Freedom of
Information request.

The internal review Panel has met and agreed that in failing to comply
with your request within 20 working days, TfL failed to comply with the
requirements of the Freedom of Information Act. This was due mainly to the
time taken to retrieve LU training documents and to get agreement on
whether any of the information contained within the documents should be
disclosed. On behalf of TfL please accept my apologies for the time taken
to deal with your request. Discussions will take place with the business
area to remind them of their responsibilities when dealing with FOI
requests.

In terms of the application of an exemption to some of the material
contained within the training documents, the Panel questioned whether the
exemption should have been applied. The Panel agreed that for the
application of the exemption to be upheld Revenue Protection will need to
provide a more detailed explanation as to why disclosure of the material
exempted would prejudice their ability to detect and prosecute fare
evasion on the Underground network. I can confirm that Revenue Protection
has been approached and a decision on whether the use of the exemption
should be upheld will be taken as soon as possible, hopefully by the end
of next week.

I hope this information is of assistance. I will contact you again next
week.

Yours sincerely

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

From: FOI
Sent: 28 April 2010 13:55
To: '[FOI #24333 email]'
Subject: RE: Internal review of Freedom of Information request - Penalty
Fares issued by TfL

28 April 2010

Our ref: IRV-011-1011

Dear I Madder

Thank you for your email of 25 April 2010 in which you requested an
internal review of the time taken to respond to your request and the
decision to withhold some material.

I can confirm that an internal review of your request will be conducted in
accordance with the attached procedure. The outcome will be communicated
to you as soon as possible and in any event by 24 May 2010. .

I hope this information is of assistance. Please contact me if you have
any queries.

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

FOI, Transport for London

01 June 2010

Our ref: IRV-011-1011

Dear I Madder

I write further to my email of 21 May 2010 concerning the internal review
of your Freedom of Information request.

LU Revenue Control has been asked to provide further arguments to support
the application of s 31 to the material redacted from LU’s training
documents. Unfortunately, thus far they have failed to do so. I have
chased this matter and I hope that it will be resolved shortly. If Revenue
Control fails to provide further arguments, a decision will be taken on
the application of this exemption without their input.

I hope this information is of assistance and I apologise for the time it
is taking to complete the internal review.

Kind regards

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL

From: FOI
Sent: 21 May 2010 12:58
To: '[FOI #24333 email]'
Subject: RE: Internal review of Freedom of Information request - Penalty
Fares issued by TfL

21 May 2010

Our ref: IRV-011-1011

Dear I Madder

I write to provide an update on the internal review of your Freedom of
Information request.

The internal review Panel has met and agreed that in failing to comply
with your request within 20 working days, TfL failed to comply with the
requirements of the Freedom of Information Act. This was due mainly to the
time taken to retrieve LU training documents and to get agreement on
whether any of the information contained within the documents should be
disclosed. On behalf of TfL please accept my apologies for the time taken
to deal with your request. Discussions will take place with the business
area to remind them of their responsibilities when dealing with FOI
requests.

In terms of the application of an exemption to some of the material
contained within the training documents, the Panel questioned whether the
exemption should have been applied. The Panel agreed that for the
application of the exemption to be upheld Revenue Protection will need to
provide a more detailed explanation as to why disclosure of the material
exempted would prejudice their ability to detect and prosecute fare
evasion on the Underground network. I can confirm that Revenue Protection
has been approached and a decision on whether the use of the exemption
should be upheld will be taken as soon as possible, hopefully by the end
of next week.

I hope this information is of assistance. I will contact you again next
week.

Yours sincerely

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

From: FOI
Sent: 28 April 2010 13:55
To: '[FOI #24333 email]'
Subject: RE: Internal review of Freedom of Information request - Penalty
Fares issued by TfL

28 April 2010

Our ref: IRV-011-1011

Dear I Madder

Thank you for your email of 25 April 2010 in which you requested an
internal review of the time taken to respond to your request and the
decision to withhold some material.

I can confirm that an internal review of your request will be conducted in
accordance with the attached procedure. The outcome will be communicated
to you as soon as possible and in any event by 24 May 2010. .

I hope this information is of assistance. Please contact me if you have
any queries.

Matthew Towey | Compliance Adviser
Information Access & Compliance Team | Corporate Governance | Transport
for London

5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

Dear TfL

I now belive that Revenue Control has had enough time to pass over their comments supporting the s31 exemption.

Please could you finally decide either way what is happening, so that if needs be I can refer this to the ICO straight away.

I also feel that you have had enough time to answer my original request and to be frank it has been nothing but a complete mess up from the begining.

Furthermore I wish to have a copy of the miniutes of the internal review in relation to this request.

Yours sincerely,

I Madder

FOI, Transport for London

1 Attachment

Dear Mr Madder

Thank you for your email concerning the internal review of your Freedom of Information request. Please accept my apologies for the delay in this response, I have today returned from annual leave.

Revenue Control has re-iterated their view that the redacted material should be withheld. We are currently considering their arguments and a decision should be made by the end of the week.

Please find attached a copy of the minutes of the internal review.

Kind regards

Matthew Towey | Compliance Adviser 
Information Access & Compliance Team | Corporate Governance | Transport for London
5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

FOI, Transport for London

Dear Mr Madder

Further to my email of 14 June I write to provide an update. Tfl's Information Access & Compliance Team (IACT) is due to meet with LU's Revenue Protection department and Surface Transport's Bus Enforcement department this week to discuss TfL's use of section 31 of the Freedom of Information Act. The aim of this meeting is discuss their concerns in relation to the disclosure of revenue protection related information and clarify the position on the use of this exemption in relation to current and future requests.

I realise that it has been some time since the review of your request was conducted, please accept my apologies for the delay.

Kind regards

Matthew Towey | Compliance Adviser 
Information Access & Compliance Team | Corporate Governance | Transport for London
5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

FOI, Transport for London

3 Attachments

  • Attachment

    Trainer notes Day 5 Conditions of carriage Byelaws RRA1889 version following review.pdf

    238K Download View as HTML

  • Attachment

    Trainer Notes Day 6 Interview questioning Pocket notebooks version following review.pdf

    448K Download View as HTML

  • Attachment

    Trainer Notes Day 8 Statements Arrest Assault MCB version following review.pdf

    158K Download View as HTML

Dear Mr Madder

Further to my email of 21 June 2010 the review of TfL's application of section 31 of the Freedom of Information Act has been completed.

In response to your request for copies of any training documents which are used in the training or development of staff, TfL withheld certain sections of the trainer notes used to train LU Revenue Control Inspectors. This information was withheld under section 31(1)(b) of the Freedom of Information Act on the basis that disclosure would prejudice LU's ability to detect and prosecute fare evaders.

The application of this exemption has been reviewed following discussions with the relevant business area. TfL no longer seeks to rely on section 31 to the information previously withheld in Trainer notes Day 5, 6 and 8. Please find unredacted copies of these documents attached.

TfL continues to rely on section 31(1)(b) for the remainder of the redacted material in the other trainer notes, for the reasons outlined in our initial response.

I hope this information is of assistance. If you are dissatisfied with the outcome of this internal review, you can refer the matter to the independent authority responsible for enforcing the Freedom of Information Act at the following address.

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

A complaint form is available on the ICO’s website (www.ico.gov.uk).

Yours sincerely



Matthew Towey | Compliance Adviser 
Information Access & Compliance Team | Corporate Governance | Transport for London
5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 3063/ auto 63063

show quoted sections

Giovanni Bianco left an annotation ()

Was this referred to ICO?

I Madder left an annotation ()

I have now sent a complaint to the ICO:

I have also cited the following cases, which may be relevant to the complaint:
Information Tribunal Appeal Number: EA/2009/0061
Information Commissioner’s Ref: FS50199511

Sloane Peter, Transport for London

3 Attachments

 

From: Sloane Peter
Sent: 07 October 2011 12:56
To: '[FOI #24333 email]'
Subject: Further requested information

 

Dear Mr Madder

 

I am contacting you regarding your request for information relating to
Transport for London’s enforcement powers. In particular, this relates to
your complaint to the Information Commissioner’s Office (ICO) concerning
redactions made to the information released to you in response to part 7.4
of your original request, relating to training materials used by London
Underground’s Revenue Control Inspectors. As you will be aware, these have
mostly been released to you, but three were released in a redacted form.

 

I apologise for the ongoing delays that you have experienced in obtaining
a full response to your request for information. In an effort to resolve
your complaint, following discussions with the ICO and the business area,
TfL is now prepared to withdraw its reliance on section 31(b) in relation
to most of this information. Please find attached unredacted versions of
the Trainer Notes for days 9 and 10.

 

Please also find attached the Trainer Notes for Day 7, which now includes
most of the previously redacted information. Three lines of the Day 7
notes remain redacted as we maintain that this information is exempt from
disclosure by virtue of section 31(b) – if released, this very limited
information would be likely to prejudice the apprehension and prosecution
of offenders. I hope that you will appreciate that we have endeavoured to
release as much information to you as possible. However, in the case of
the remaining three lines, we do consider that the previous explanation of
why section 31(b) applies to be correct – the release of this information
would be likely to enable suspected fare evaders to respond to our revenue
control inspectors in such a way that it would be considerably more
difficult for TfL to take appropriate action against those who seek to
avoid paying for their travel. Unfortunately, it is difficult to provide a
more detailed explanation of how this prejudice would arise without at the
same time revealing the information that we consider is exempt. However,
we have provided this information and our explanation to the ICO.

 

We do recognise the general public interest in openness and specifically
in the public being able to ensure that TfL is applying its revenue
control powers in a fair, open, lawful and reasonable manner. However, in
the case of the withheld sentences, we do not consider that their release
would actually contribute materially to this understanding, particularly
in view of the amount of information that is already available, whether
released proactively or in response to your request. On the other hand,
there is a considerable public interest in TfL being able to detect and
prosecute fare evaders, protecting public money in the process. There is
an inherent and strong public interest in upholding the law which would be
compromised by releasing information that would assist those who wish to
avoid paying.

 

I note your reference to the previous case involving guidance on issuing
penalty charge notices and where the decision to withhold information was
overturned by the Information Tribunal. However, there is an important
difference where this information is concerned.  In the case to which you
refer, a key point in overturning TfL and the ICO’s decision was that the
Tribunal noted that TfL staff were not obliged to accept representations
against a penalty charge notice without supporting evidence. In this case,
the withheld information could be used by any suspected fare evader and
does not rely on the submission of objective evidence.

 

I appreciate that you may be disappointed that we have not provided every
part of the redacted information, but I can assure you that we have
attempted to provide you with as much as possible without prejudicing our
functions and I hope that you will appreciate that we are seeking to
resolve your complaint. I would be grateful if you could advise TfL and
the ICO whether you feel that TfL has now taken satisfactory steps to
resolve this issue, or whether you wish the ICO to proceed with
considering the remaining information.

 

If you have any queries, I would be happy to discuss

Yours sincerely

Peter Sloane

 

Senior Information Governance Adviser
Information Access & Compliance Team | General Counsel | Transport for
London
5th Floor, Windsor House, 42-50 Victoria Street, London SW1H 0TL
T: 020 7126 4912 auto 64912
F: 020 7126 3185
E: [email address]

 

TfL has recently adopted an ‘information security classification scheme’
to help protect its information assets. If you work for TfL or one of its
subsidiaries and want to find out how this affects you, see the new
[1]Quick Guide or visit [2]Source for more information.

 

show quoted sections

 

References

Visible links
1. http://source.tfl/pdfs/IA_QG1_Informatio...
2. http://source.tfl/OurCompany/Governance/...

Mr P Simeonov left an annotation ()

Is this how it all ends - they get away with it? :(

I for one don't see why TfL would want to hide information from the public unless they want to deny everyone the ability to defend themselves against unfair treatment, thus when innocent to be unable to prove it.

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