Information request
Our reference: IR130365

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Thank you for your request for information that was received on 14 October
2015.
 
 
We are dealing with your request and aim to respond within 20 working
days, by 11 November 2015.
 
 
We will advise you if we cannot provide you with the information requested
we will explain the reason why in our response.
 
 
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely
 
 
Georgia Russell
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 
Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...

Dear Mr Dawson

 

Thank you for your Freedom of Information Act request reference IR130365,
which we received on 14 October 2015.  Please find below our response to
the information you requested, which was:

 

London Tribunals adjudicators have upheld appeals against alleged
contraventions at this bus lane citing the TMO exemption at para 4(2) of
the Traffic Management Order which permits vehicles to cross the bus lane
to get to any road adjacent to the bus lane.

 

In response to a recent Freedom of Information request,  you have stated
that the TMO exemption does not apply at this bus lane ie that you are in
disagreement with the London Tribunals adjudicators on this matter.

 

I request copies of any correspondence between Lambeth Borough Council and
London Tribunals on this general point of law regarding the interpretation
of the TMO exemption (redacted to delete any personal information).

 

I also request details of whether and how you have resolved this
disagreement over the interpretation of the TMO exemption with London
Tribunals as it affects thousands of motorists who have been issued with
penalty charge notices.

 

Our Response

 

Lambeth Council has not entered into any discussions, or had any
disagreements with PATAS / London Tribunals regarding the TMO exemption
for the bus lane in Clapham Park Road.  Appeals are frequently awarded in
favour of the council at this location, suggesting London Tribunals has no
concerns about this exemption.

 

The only time Lambeth Council would enter into discussions with PATAS /
London Tribunals on a point of law is if we decided to challenge the
adjudicators decision.  Lambeth Council has not done this as we have not
had a disagreement with PATAS / London Tribunals regarding the TMO
exemption for the bus lane in Clapham Park Road.

 

Under FOI Section 1(1) Any person making a request for information to a
public authority is entitled (a) to be informed in writing by the public
authority whether it holds information of the description specified in the
request (b) if that is the case, to have that information communicated to
him.  

 

With reference to the above details, I am advised by our Parking Section
that Lambeth Council does not hold any such information. Consequently the
answer to Section 1(1)(a) is NO and thus our further duty under 1(1)(b)
does not arise on this occasion.

 

 

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why you are unhappy with our response within 40 working days, and it will
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By email: [1][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

 

Freedom of Information
Olive Morris House Brixton Hill
London
SW2 1RD

 

 

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contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Thank you for your interest in Lambeth Council.

 

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [2]www.lambeth.gov.uk

 

If you have received this in error please delete all content and notify
the sender immediately.

 

 

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Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

 

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, Olive Morris
House, 18 Brixton Hill, London, SW2 1RL. Email: [3][Lambeth Borough Council request email]

 

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References

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