Torfaen Council - Public Land Owner

Pat James (Account suspended) made this Freedom of Information request to Torfaen Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Pat James (Account suspended)

Dear Torfaen Council, in pursuance of a civil litigation for failure to pay a parking charge or fine imposed by your council, please identify the party litigant by name (man or woman) who is the land owner (of public property) claiming tort against the defendant as defined in CPR.

This is not a request for legal advice, it is a request for fact of law

I also remind you of your duties and obligations to the Nolan Principles.

Yours faithfully,

Pat James

Call Torfaen, Torfaen Council

Thank you for taking the time to email Torfaen County Borough Council.

 

Please be aware that your enquiry is being addressed and a reply will be
sent within 10 working days.

 

Did you know that you can report issues and request information via our
website at [1]www.torfaen.gov.uk or make reports and requests by
downloading our Mobile App.

 

By registering your email address, you will be able to track progress of
your enquiry from start to finish.

 

The Mobile App is available on Apple, Android and Windows devices and can
be found by typing Torfaen into the search function in the relevant App
Store.

 

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The
Council welcomes correspondence in Welsh and English. Correspondence
received in Welsh will be answered in Welsh and will not lead to any
delay.
**********************************************************************
Mae’r Cyngor yn croesawu gohebiaeth yn Gymraeg a Saesneg. Cewch ateb
Cymraeg i bob gohebiaeth yn Gymraeg ac ni fydd yn arwain i unrhyw oedi.

References

Visible links
1. http://www.torfaen.gov.uk/

FOI, Torfaen Council

Dear Pat James,

17/043: FREEDOM OF INFORMATION REQUEST

Thank you for your email dated 13/01/2017 requesting information under the Freedom of Information Act 2000. I have logged your email and will deal with your request in order that we can respond to you within the statutory deadline of 20 working days.

I will contact you further as soon as the relevant information is available.

Yours sincerely

Chris Corten
SENIOR BUSINESS SUPPORT OFFICER COMPLAINTS/FOI / UWCH SWYDDOG CYMORTH BUSNES CWYNION/RHYDDID GWYBODAETH
Chief Executive’s Service / Gwasanaeth Y Prif Weithredwr
Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen
Phone/Ffôn: 01495 742170
Fax/Ffacs: 01495 766331
Email/Ebost: [email address]
This email is available in large print, braille or Welsh upon request

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FOI, Torfaen Council

Dear Pat James,

17/043: FREEDOM OF INFORMATION REQUEST

Thank you for your email dated 13/01/2017 requesting information under the Freedom of Information Act 2000. I am now in a position to respond to your questions as follows:

Dear Torfaen Council, in pursuance of a civil litigation for failure to pay a parking charge or fine imposed by your council, please identify the party litigant by name (man or woman) who is the land owner (of public property) claiming tort against the defendant as defined in CPR.

This is not a request for legal advice, it is a request for fact of law

I also remind you of your duties and obligations to the Nolan Principles.

All of the Council owned off-road car parks are managed under criminal law (the Road Traffic Regulation Act 1984) and not civil litigation. The Authority does not handle any on road parking enforcement. Torfaen County Borough Council has not obtained Civil Enforcement powers and Heddlu Gwent Police remain the enforcement agency for such matters. Therefore we have no such civil litigation cases so do not hold information being requested.

Information supplied in response to any Freedom of Information Act request may be subject to copyright. A single copy of information supplied under the Freedom of Information Act may only be used for personal, non-commercial research or study, unless stated otherwise. It must not be passed to others, copied or re-published in whole or in part without permission from the copyright holder. Any copyright statement that forms part of or in any way refers to the information provided must not be altered or removed.

If you have any queries about this letter or are unhappy about the service you have received in relation to your request and wish to make a complaint or request a review, please do not hesitate to contact me in writing.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner’s Office (Wales) cannot make a decision unless you have exhausted the complaints procedure provided by this Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH. Telephone 029 2067 8400 or Fax 029 2067 8399 or e-mail [email address].

Yours sincerely

Chris Corten
SENIOR BUSINESS SUPPORT OFFICER COMPLAINTS/FOI / UWCH SWYDDOG CYMORTH BUSNES CWYNION/RHYDDID GWYBODAETH
Chief Executive’s Service / Gwasanaeth Y Prif Weithredwr
Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen
Phone/Ffôn: 01495 742170
Fax/Ffacs: 01495 766331
Email/Ebost: [email address]
This email is available in large print, Braille or Welsh upon request

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Pat James (Account suspended)

Dear Torfaen Council,

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

I am writing to request an internal review of Torfaen Council's handling of my FOI request 'Torfaen Council - Public Land Owner'.

You have deliberately provided a misleading answer as my request does not refer to criminal matters in any way.

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

Yours faithfully,

Pat James

Call Torfaen, Torfaen Council

Thank you for taking the time to email Torfaen County Borough Council.

 

Please be aware that your enquiry is being addressed and a reply will be
sent within 10 working days.

 

Did you know that you can report issues and request information via our
website at [1]www.torfaen.gov.uk or make reports and requests by
downloading our Mobile App.

 

By registering your email address, you will be able to track progress of
your enquiry from start to finish.

 

The Mobile App is available on Apple, Android and Windows devices and can
be found by typing Torfaen into the search function in the relevant App
Store.

 

'

show quoted sections

The
Council welcomes correspondence in Welsh and English. Correspondence
received in Welsh will be answered in Welsh and will not lead to any
delay.
**********************************************************************
Mae’r Cyngor yn croesawu gohebiaeth yn Gymraeg a Saesneg. Cewch ateb
Cymraeg i bob gohebiaeth yn Gymraeg ac ni fydd yn arwain i unrhyw oedi.'

References

Visible links
1. http://www.torfaen.gov.uk/

FOI, Torfaen Council

Dear Pat James,

Thank you for your email of 08/02/2017 requesting an internal review.

Your request has been passed onto the legal department and will be dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries about this request do not hesitate to contact.

Yours sincerely

Chris Corten
SENIOR BUSINESS SUPPORT OFFICER COMPLAINTS/FOI / UWCH SWYDDOG CYMORTH BUSNES CWYNION/RHYDDID GWYBODAETH
Chief Executive’s Service / Gwasanaeth Y Prif Weithredwr
Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen
Phone/Ffôn: 01495 742170
Fax/Ffacs: 01495 766331
Email/Ebost: [email address]
This email is available in large print, Braille or Welsh upon request
Follow us on Twitter / Find us on Facebook / www.torfaen.gov.uk
Torfaen Mayor’s Charities 2016/17 / Elusennau Maer Torfaen 2016/17

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FOI, Torfaen Council

Dear Pat James,

 

Internal Review No IR50 

 

I refer to your recent freedom of information request and subsequent
request for an internal review.

 

By e mail dated 13/01/2017 you  submitted the following request

 

‘.., in pursuance of a civil litigation for failure to pay a parking
charge or fine imposed by your council, please identify the party litigant
by name (man or woman) who is the land owner (of public property) claiming
tort against the defendant as defined in CPR.’

 

which was acknowledged by e mail on the same day.

 

On the 8 February the Council replied as follows:-

 

‘All of the Council owned off-road car parks are managed under criminal
law (the Road Traffic Regulation Act 1984) and not civil litigation. The
Authority does not handle any on road parking enforcement. Torfaen County
Borough Council has not obtained Civil Enforcement powers and Heddlu Gwent
Police remain the enforcement agency for such matters. Therefore we have
no such civil litigation cases so do not hold information being
requested.’

 

On 8 February you e mailed requesting an internal review of Torfaen
Council's handling of the request stating

 

‘You have deliberately provided a misleading answer as my request does not
refer to criminal matters in any way.’

 

Review

 

In answer to your request, the information on ‘ the party litigant’ would
be Torfaen County Borough Council in respect of the land ( irrespective of
ownership) and the litigation undertaken would not be civil but under the
Road Traffic Regulation Act 1984.

 

That concludes my review.

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner’s Office (Wales) cannot make a decision unless
you have exhausted the complaints procedure provided by this Council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office (Wales), 2nd Floor, Churchill House, Churchill Way,
Cardiff, CF10 2HH.  Telephone 029 2067 8400 or Fax 029 2067 8399 or e-mail
[1][email address].

 

Yours sincerely,

 

Lynda Willis

Chief Legal Officer & Monitoring Officer/Prif Swyddog Gyfreithol a Swyddog
Monitro

Legal and Asset Management Services/Gwasanaethau Rheoli Asedau a
Chyfreithiol

Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen

 

 

'

show quoted sections

The
Council welcomes correspondence in Welsh and English. Correspondence
received in Welsh will be answered in Welsh and will not lead to any
delay.
**********************************************************************
Mae’r Cyngor yn croesawu gohebiaeth yn Gymraeg a Saesneg. Cewch ateb
Cymraeg i bob gohebiaeth yn Gymraeg ac ni fydd yn arwain i unrhyw oedi.'

References

Visible links
1. mailto:[email address]

Pat James (Account suspended)

Dear FOI, the comment in your last communication demonstrates your lack of knowledge in the law, whereby a civil procedure is a man v man procedure and cannot be a corporation/council as they are define in law as dead entities who can neither read, write or answer questions when challenged in a court of law.

I suggest you pass this request to a man or woman who is qualified in the law sufficient to conduct a review.

Yours sincerely,

Pat James

FOI, Torfaen Council

Dear Pat James,

Internal Review No IR50

Thank you for your e mail.

Please note the last paragraph of my earlier e mail about contacting the ICO if you remain dissatisfied.

Yours sincerely,

Lynda Willis
Chief Legal Officer & Monitoring Officer/Prif Swyddog Gyfreithol a Swyddog Monitro
Legal and Asset Management Services/Gwasanaethau Rheoli Asedau a Chyfreithiol
Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen
Phone/Ffon: 01495 742660
[mobile number]

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Andy Smith (Account suspended) left an annotation ()

Vexatious request by a "freeman" on the land.

Colin L. Hughes left an annotation ()

Time to Write to the ICO now and get a ruling from them