Road Name / Bus Lane Camera Calibration Service Certification

The request was successful.

Dear Hull City Council,

I have recently received a PCN for allegedly travelling a short distance in an empty bus lane. It states on the PCN that I was caught on camera on "Witham Rd" Eastbound.
I have lived in and around Hull for 64 years and to date have never seen a signpost for 'Witham Road'

As I understand it the following applies:

Within the city limits the A165 is first known as Holderness Road which it follows all the way into the centre crossing the A1033 (Mount Pleasant). According to the Road Classifying Authority for Hull City Council, at the junction of Witham and Clarence Street, the road splits. One section continues on Witham crossing the A1165 (New Cleveland Street/Great Union Street) and the River Hull over the Grade II listed[7] North Bridge in George Street (a Scherzer rolling lift bridge). It then becomes Freetown Way before terminating at the A1079 (Beverley Road/Ferensway) junction. The other section continues down Clarence Street to terminate at the junction with the A1165 on Great Union Street

So I am confused as to why I have received a PCN for travelling on the mysterious "Witham Road" when I have always known it as Holderness Road, which as stated above the A165 follows all the way into the town centre. I can see no signposts stating that it changes to "Witham Road" So wonder if in fact this PCN is at all legal?

If it is legal, then please advise when the road name was changed, how many signs are in situ stating that it is called "Witham Road" and when were the RCA informed?

Finally, could you kindly provide me with the date of the calibration and service certificates of the Camera in question as the images do not clearly show the driver and my wife was also a potential driver on the date of the alleged offence as we take it in turns to drive, however we cannot remember who was actually driving when I picked her up that day from the Council offices where she works.

I look forward to your most timely response to this message as I have been advised if I pay the charge early there will be a reduction of 50%. I would like to take up this offer. If you cannot provide the information quickly could you kindly allow the extra time it takes to receive the information requested on top of the allowance provided to gain the 50% reduction.

I am sure you understand that it is paramount that I received the answers to the above questions to allow me to whether or not I contest the PCN on the points raised.

Yours faithfully,

Dave Fisher

Information Governance, Hull City Council

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Information Governance Team
Town Clerk's Service
Hull City Council
The Guildhall

 

Reavley Claire, Hull City Council

Dear Mr Fisher,

 

We acknowledge receipt of your information request received on 4^th
October 2019 detailed below.  To process this request under the Freedom of
Information Act (FOI) mean that it allows us 20 working days to respond
which takes us to 1^st November 2019. 

 

As your queries relate to your specific PCN and you require a timely
response, we do not think an FOI request is the most appropriate method to
use and will delay a response.  Therefore, you can make an appeal using
the following link:
[1]http://www.hull.gov.uk/parking-and-trans....
 You can view the recording of your vehicle within the bus lane by
entering your PCN number, vehicle registration number and unique Web Code
(PIN number) which is printed on the PCN.  Further queries can be
submitted to: [2][email address].

 

 

Yours sincerely

 

 

 

 

Information Governance

Town Clerk's Service

Hull City Council

Tel: 01482 300300

 

 

From: Dave Fisher <[FOI #609140 email]>

Sent: 04 October 2019 00:43

To: Information Governance

Subject: Freedom of Information request - Road Name / Bus Lane Camera
Calibration Service Certification

 

Dear Hull City Council,

 

I have recently received a PCN for allegedly travelling a short distance
in an empty bus lane. It states on the PCN that I was caught on camera on
"Witham Rd" Eastbound.

I have lived in and around Hull for 64 years and to date have never seen a
signpost for 'Witham Road'

 

As I understand it the following applies:

 

Within the city limits the A165 is first known as Holderness Road which it
follows all the way into the centre crossing the A1033 (Mount Pleasant).
According to the Road Classifying Authority for Hull City Council, at the
junction of Witham and Clarence Street, the road splits. One section
continues on Witham crossing the A1165 (New Cleveland Street/Great Union
Street) and the River Hull over the Grade II listed[7] North Bridge in
George Street (a Scherzer rolling lift bridge). It then becomes Freetown
Way before terminating at the A1079 (Beverley Road/Ferensway) junction.
The other section continues down Clarence Street to terminate at the
junction with the A1165 on Great Union Street

 

So I am confused as to why I have received a PCN for travelling on the
mysterious "Witham Road" when I have always known it as Holderness Road,
which as stated above the A165 follows all the way into the town centre. I
can see no signposts stating that it changes to "Witham Road" So wonder if
in fact this PCN is at all legal?

 

If it is legal, then please advise when the road name was changed, how
many signs are in situ stating that it is called "Witham Road" and when
were the RCA informed?

 

Finally, could you kindly provide me with the date of the calibration and
service certificates of the Camera in question as the images do not
clearly show the driver and my wife was also a potential driver on the
date of the alleged offence as we take it in turns to drive, however we
cannot remember who was actually driving when I picked her up that day
from the Council offices where she works.

 

I look forward to your most timely response to this message as I have been
advised if I pay the charge early there will be a reduction of 50%. I
would like to take up this offer. If you cannot provide the information
quickly could you kindly allow the extra time it takes to receive the
information requested on top of the allowance provided to gain the 50%
reduction.

 

I am sure you understand that it is paramount that I received the answers
to the above questions to allow me to whether or not I contest the PCN on
the points raised.

 

Yours faithfully,

 

Dave Fisher

 

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Dear Reavley Claire,

Thank you for your timely response to my FOI request.

FYG - I will be paying the charge within the time frame allowed to obtain a discount of 50% so that is settled. There is no need for me to contact that department further.

What is more, they will not have the information that the Council hold that I have requested and would only refer me back to yourselves who have access to that information.

My initial request therefore cannot be ignored and I would appreciate a response from the Council in whatever time you believe it will take you.

Again I would like under the FOI the date when the A165 was registered with the road name "Witham Rd." and how many signposts are along that stretch of the A165 indicating that it is indeed called the "Witham Rd." (One assumes it is not unlike passing the signpost stating you are entering York yet you find yourself on a road that is not automatically called York Road, I believe there are regulations that may need to be upheld to name that road York Road and or some documentary evidence of the Highways through Hull and pertinent road names)

That information I have requested will and should be held by the Hull City Council, along with the number of name plates along that stretch of the A165 that indicate the name of the road if it is other than a continuation of the A165 that changes from Holderness Road to "Witham Rd".

This is not information the Bus Penalty Appeals Department will hold nor dare I say would they entertain my asking that question of them. It is the Hull City Council that will hold on file that information.

Secondly it will be the Hull City Council that hold the contract for the Calibration,Service and Certification of the Camera in question and not the Bus Lane Penalty Appeals department.

I am not concerned with the timeliness of your answer affecting the payment of the penalty, I will pay that in time and will claim back any contentious payment from that department once I have received the information I require (should it prove that I am correct in my assumptions) However I do need that information please, as I am sure you will be aware, I cannot obtain that information by appealing a Penalty charge as they simply will not have that information and will send me back around the circle to yourselves.

Therefore would you kindly not tell me that my concerns lie with the appeal department, and please remit the information under the FOI act that I am allowed to review, and which the Hull City Council should/ will hold on file.

My request is NOT (as you suggest) specifically to do with the PCN, and as I have now confirmed, it is not information that I need within a timeframe that you cannot achieve. I am paying the charge within the time frame I have been allowed to obtain the discount, therefore there is no need to panic or try to send this FOI elsewhere because you believe it is the best way forward. I confirm the charge will be paid this coming week. hence the PCN will be settled. It is the Information about the A165 and the Camera Status I am requesting from the Hull City Council.

I would be most obliged if you would remit that information at your convenience.

Yours sincerely,

Dave Fisher

Dave Fisher left an annotation ()

Dear Hull City Council

I have paid the full penalty charge for the alleged contravention of a bus lane on the road identified in your Penalty Charge Notice. I am still concerned however that I have been charged for being on a road that seemingly does not exist. I have previously applied to you for that confirmatory information, which as yet I have not received.
I am reminded of the rules in such situations as follows:
59.2 As a rule of thumb personal or biographical information will fall under the Data Protection Act, and non-personal information held by the Council in documentary form will fall under the Freedom of Information Act (FOI).
59.3 NB It is important to note that a request for information does not have explicitly to mention the FOI to fall within the act.
59.4 NB speed is of the essence - the Council needs to respond to FOI requests as soon as possible and in any event within 20 (calendar) days. DPA requests must be responded to within 40 days. It is vital therefore that such requests are transferred as quickly as possible.
I trust others reading this will be also so advised.

Information Governance, Hull City Council

Dear Mr Fisher

 

Freedom of Information Act 2000 – Information Request - 002062/19

 

With regard to your Freedom of Information request received on 4 October
2019 and your subsequent email of the 9 October 2019, please find our
response below.

 

For clarification, the Council’s Information Governance team is a central
and corporate team that administer requests for recorded information held
by the Council.  We do not have access to information on different systems
and areas across the authority, therefore we contact colleagues to
retrieve the information we require.  The Parking team who deal with Bus
Lane PCN’s are part of the Council and in order to retrieve information
held by them, the Information Governance team approaches them for a
response.

 

The Council can confirm that we do not hold any recorded information in
relation to a date when the A165 was registered with the road name “Witham
Rd”.  The Parking team have checked their records and have confirmed that
this road should in fact be referred to as ”Witham”, therefore they are in
the process of amending their documentation.  There is a signpost near the
photographic and video store stating “Witham”.  Please refer to the
following link to the Council’s website which contains a PDF document:
[1]http://www.hull.gov.uk/roads-and-pavemen...
- Schedule 2 (page 7) at item number 4a identifies the area in question as
‘Witham (East bound Carriageway)’ which is the correct location for your
PCN.

 

Please refer to the following link which takes you to the legislation that
details what PCNs must state when issuing PCNs: Part 3 Regulation 8
(5)(a-n) of The Bus Lane Contraventions (Penalty Charges, Adjudication and
Enforcement) (England) Regulations 2005:
[2]http://www.legislation.gov.uk/uksi/2005/...

The road name is not relevant in terms of the legality of issuing a PCN. 
The photo evidence that the vehicle was travelling in the bus lane within
the restricted times is what gives the local authority reason to believe
that a PCN should be served. 

 

The bus lane cameras are not intended to capture images of the driver,
these are used to identify the vehicle registration number so the
registered owner can be contacted.

 

 

We hope that you will be satisfied with our response and should you
require any further information then please do not hesitate to contact
us. 

 

 

Should you wish to complain about our response in any way this must
initially be done by e-mailing [3][Hull City Council request email] or by
contacting us at The Information Governance Team, The Guildhall, Alfred
Gelder Street, Hull, HU1 2AA.

 

If you are not satisfied with the outcome of the internal review then you
may take your complaint to the Information Commissioner’s Office, the
government body established to enforce the legislation.

 

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

Web site: [4]https://ico.org.uk

Report a concern: [5]https://ico.org.uk/concerns/

Email: [6][email address]

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

 

ICO states that any emails you choose to send to them, or that they send
to you, are not secure as email messages can be intercepted.  ICO asks
that you include a contact telephone number on any emails you send to
them. 

 

 

Yours sincerely

 

 

 

 

Information Governance

Town Clerk's Service

Hull City Council

Tel: 01482 300300

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Dear Reavley Claire,

Thank you for your most recent response to my FOI regarding Witham Rd.

I understand from your response that Witham Rd does not nor did not exist, can you kindly confirm both please.

Secondly, can you kindly advise how many PCN's have been sent out referring to transgressions of the bus lane on Witham Rd. Since the system became active. And how many were challenged and how many challenges were upheld.

Finally and more importantly, I have asked you specifically for the maintenance and calibration certification status of the camera enforcing that bus lane, yet you appear to have totally ignored that "reasonable" request. Under the FOI would you kindly remit that information.

Yours sincerely,

Dave Fisher

Reavley Claire, Hull City Council

Dear Mr Fisher

Please find my response below to your email dated 22 October 2019.

I can confirm that Witham Rd does not nor did not ever exist.

Since March 2016 when the Bus Lane camera went live – 3,980 PCN's have been issued along Witham. 2,986 (75.03%) of these have been paid and 597 (15%) have been cancelled. 397 (9.97%) are still being processed, this could mean that the PCN is still be prepared or an appeal is being dealt with. We are unable to break these figures down further without interrogating each of the 3,980 PCN’s to extract further details.

Details relating to Bus Lane certification can be found online at the following link: https://www.gov.uk/government/publicatio.... Click on the document titled: 'Certifications for approved devices granted to local authorities' then open the Excel spreadsheet and scroll down to 'Hull City Council'. Click on this text and download a zip file then open another folder containing two PDF documents for the certification of the approved devices. Bus Lane cameras are maintained on an annual basis.

We hope you will be satisfied with our response and should you require any further information then please do not hesitate to contact us.

Yours sincerely

Information Governance
Town Clerk's Service
Hull City Council
Tel: 01482 300300

Should you wish to complain about our response in any way this must initially be done by e-mailing [Hull City Council request email] or by contacting us at The Information Governance Team, The Guildhall, Alfred Gelder Street, Hull, HU1 2AA.

If you are not satisfied with the outcome of the internal review then you may take your complaint to the Information Commissioner’s Office, the government body established to enforce the legislation.

Information Commissioner’s Office, Wycliffe House Water Lane, Wilmslow, Cheshire,
SK9 5AF
Web site: https://ico.org.uk
Report a concern: https://ico.org.uk/concerns/
Email: [email address]
Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

ICO states that any emails you choose to send to them, or that they send to you, are not secure as email messages can be intercepted. ICO asks that you include a contact telephone number on any emails you send to them.

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