Dear Department for Transport,

This request relates to parking penalties issued for breach of the Railway Byelaws 2005.

I have seen a letter by the DfT which confirms that no person or body other than the Court may impose a penalty for breach of Byelaws 14 )1-3). I also understand from POPLA that the DfT have confirmed that Train Operating Companies may issue a penalty for breach of these byelaws.

Obviously the DfT would not contradict itself, so the apparent anomaly must be down to the difference in meaning between “impose a penalty” (which a person would be legally obliged to pay and would therefore be legally enforceable) and “issue a penalty” (which represents an offer to dispose of the matter without prosecution, and which being an offer would not be not legally enforceable).

Please would you tell me whether the DfT has ever told either POPLA or the British Parking Association or any other relevant stakeholder that a Train Operating Company has the power to impose a penalty (ie which the recipient is legally obliged to pay) for an alleged breach of Railway Byelaw 14 (1-3).

If so:-
(a) do you have any information as to how such a penalty can be enforced against the owner of the vehicle? If yes, please disclose.
(b) do you have any information you have regarding an appeal system which fulfils the requirements of Article 6, European Convention on Human Rights? If yes, please provide.

Yours faithfully,

M J Anderson

Dear Department for Transport,

Please would you answer my request.

Yours faithfully,

M J Anderson

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 'Railway Byelaws parking penalties'.

I made this request on 31st January. I should have received a reply by 28th February. My reminder was not acknowledged . You are now a week late. No explanation has been given.

My previous request to you, made on 24th March 18, was also late. I would appreciate a full explanation why you make a habit of breaching the Freedon of Information Act time limit.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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

Yours faithfully,

M J Anderson

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 'Railway Byelaws parking penalties'.

I made this request on 31st January. I should have received a reply by 28th February. My reminder was not acknowledged . You are now a week late. No explanation has been given.

My previous request to you, made on 24th March 18, was also late. I would appreciate a full explanation why you make a habit of breaching the Freedon of Information Act time limit.

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

Yours faithfully,

M J Anderson

Eamonn Maloney, Department for Transport

Dear Mr/Ms Anderson

Thank you for your email. I should explain that your request is being dealt with as official correspondence, outside the terms of the Freedom of Information Act, as you are making general enquiries rather requesting recorded information. I am therefore unable to accept a request for internal review for breach of the statutory FOI deadline. However, I have contacted officials handling the response, who have advised me that they aim to respond no later than Monday.

I am sorry to hear that this is the second time you have received a late response from the Department. The Department for Transport is consistently one of the best performing in Government on the timeliness of FOI responses, statistics for which can be found at https://www.gov.uk/government/collection...

Yours sincerely

Eamonn Maloney
FOI Advice Team
Department for Transport

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Dear Eamonn Maloney,

Thank you for your letter.
The reply which was expected on Monday has not arrived.

Yours sincerely,

M J Anderson

Department for Transport

1 Attachment

Dear M J Anderson

Please find attached the response to your correspondence about railway
byelaws parking penalties.

Thank you,

Department for Transport
PO Correspondence
5/22 Great Minster House
33 Horseferry Road
LONDON
SW1P 4DR

http://www.dft.gov.uk/about/contact/

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Dear Department for Transport,

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

I am writing to request an internal review of Department for Transport's handling of my FOI request 'Railway Byelaws parking penalties'.

My previous request for an internal review was denied on the grounds my FOIR was a general enquiry rather than a request for recorded information.

This is not the case. I asked if you have any information as to how a Railway Byelaws penalty can be enforced against the owner of a vehicle, and if so to provide it. I also asked if you have any information regarding an appeal system that would fulfil the requirements of Article 6, European Convention on Human Rights, and if so to provide it.

These are specific requests for specific recorded information. I have still not received a proper reply.

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

Yours faithfully,

M J Anderson

FOI-ADVICE-TEAM-DFT, Department for Transport

Dear Mr/Ms Anderson

Thank you for your email. I have investigated and while it would appear that your request was originally flagged for response as a general enquiry, the final response did treat your request as an FOI in that it released some recorded information to you. It is my view that your request could have been interpreted either way, but as the final response released some recorded information I will treat it as an FOI request and accept your request for an internal review, which I will respond to on or before 7 May 2019.

Kind regards

E Maloney
FOI Advice Team
Department for Transport

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Dear Eamonn Maloney,

Will you be responding by today as promised?

Yours sincerely,

M J Anderson

Dear FOI-ADVICE-TEAM-DFT,

Please respond to my request for an internal review. It is overdue. Thank you.

Yours sincerely,

M J Anderson

FOI-ADVICE-TEAM-DFT, Department for Transport

1 Attachment

Dear Mr/Ms Anderson

Please see attached.

Yours sincerely
Eamonn Maloney
FOI Advice Team
Department for Transport

show quoted sections

Dear FOI-ADVICE-TEAM-DFT,

Thank you.

Yours sincerely,

M J Anderson

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