Traffic Penalty Tribunal decisions
Dear Cornwall Council,
I should like to request traffic penalty tribunal documents that clearly show that signs in St George's Road, Truro were considered sufficient to indicate the restriction. This is in respect of residents parking.
Yours faithfully,
Paul Jordan
Dear Mr Jordan
Thank you for your request for information under the Freedom of
Information Act 2000.
Your reference number is: 970685.
Please make a note of this number should you wish to make any further
enquiries.
The Council will respond to you within twenty working days of the day
after we received your request.
Kind regards
Customer Services
Cornwall Council
Tel: 0300 1234 161
[1][email address]
[2]http://www.cornwall.gov.uk
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Dear Mr Jordan
Please find attached a letter formally enclosing the Council’s response to
your request for information under the Freedom of Information Act 2000.
If you have difficulty in opening the attachments, please contact me and
I will send you a copy by post.
Kind regards
Cathy Kemp
Customer Relations Administrator
Environment, Planning & Economy
Cornwall Council
Tel: 01872 323984
[1][email address]
Central Scanning Unit, Treyew Road, Truro TR1 3AY
[2]www.cornwall.gov.uk
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Dear Environment Planning and Economy - Freedom of Information Mail,
Thank you for your messages however you have not provided the information I requested - you have provided a copy of someone's appeal and the Council's response.
If you check my request you will see that I requested a copy of the Tribunal document:
"I should like to request traffic penalty tribunal documents that clearly show that signs in St George's Road, Truro were considered sufficient to indicate the restriction."
I would expect a document that recorded the details of the tribunal that was held which I would expect to record names of people involved in the tribunal, a transcript of what was discussed or similar, what the outcome decision was and how it was justified. I would also expect it to make reference to any official documents refered to that were used to support the decision made.
Yours sincerely,
Paul Jordan
Dear Environment Planning and Economy - Freedom of Information Mail,
I believe you have not replied to my FOI request "Traffic Penalty Tribunal decisions" promptly, as normally required by law.
Please could you provide the information requested ASAP.
Many thanks for your attention in this matter.
Yours sincerely,
Paul Jordan
Dear Environment Planning and Economy - Freedom of Information Mail,
Please could you indicate when you will be providing the information requested.
Yours sincerely,
Paul Jordan
Dear Environment Planning and Economy - Freedom of Information Mail,
Please could you respond to my request for information which is now long overdue.
Yours sincerely,
Paul Jordan
Dear Mr Jordan
Please can we make you aware that as requested an internal view is now
being carried out in relation to the response provided to your original
request ref no IAR-970685. Please accept our apologies for the delay but
it would appear that your e-mail did not reach the relevant inbox. We
will now endeavour to respond as soon as possible.
Kind regards
Freedom of Information
Improvement and Directorate Support
Chief Executives Directorate
Cornwall Council
[1][Cornwall Council request email]
Room 239, Treyew Road, New County Hall, Truro. TR1 3AY.
[2]www.cornwall.gov.uk
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Dear Freedom Of Information Mail,
Please could you indicate when the information requested 2 May 2012 will be provided - I appreciate the message of 15th May confirming that that there will be a review, however this was over three weeks ago and more than two months since the original request.
I plan to contact the ICO should the information requested not be provided within the next 14 days (by 22 June 2012).
Yours sincerely,
Paul Jordan
Dave Christophers left an annotation ()
Hello Mr Jordan
Your request is currently being reviewed. The Council has 20 working days to carry out an internal review. As soon as this has been completed I will contact you.
Regards
Dave Christophers
Cornwall Council
Dear Mr Jordan
I have now fully reviewed your request for an internal review relating to
the information that was provided to you regarding your request for
information about Penalty Charge notice tribunal decisions in St Georges
Road, Truro.
Having now fully reconsidered this case I must advise that my final view
is that the Council has fully complied with your request and provided you
with the information that you have requested.
How I reached my view
In reviewing this case, the information that I have reviewed includes:
o The original request for information
o The information and response that was provided to you
o Your request for internal review
I have also discussed the matter with, and challenged the information
holder to ascertain what information was held regarding this request.
In reviewing this case I sought to ensure that the Council did not hold
any further information relating to this case and that the Council
interpreted the request correctly.
In your initial request you asked: “I should like to request traffic
penalty tribunal documents that clearly show that signs in St Georges Road
Truro were considered sufficient to indicate restriction. This is in
respect of residents parking”.
In response to this the Council provided you with two ‘Adjudicators
decision’ notices which clearly demonstrate the appeals for two Penalty
Charge Notices were dismissed by two separate adjudicators, clearly
demonstrating that the signage at this location was sufficient.
The documents that we were sent were correctly redacted pursuant to
Section 40 (Personal Information) of the Freedom of Information Act. I am
however aware from reviewing the response that this was not correctly
stated for which I apologise.
What to do if you remain dissatisfied
If this does not resolve the matter to your satisfaction, you have the
right to apply directly to the Information Commissioner, the contact
details of whom are:
FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [1][email address]
Dave Christophers
Principal Customer Relations Officer
Customer Relations
Environment, Planning & Economy
Cornwall Council
Internal tel (from six digit internal numbers): 492028
Internal tel (from four digit extensions): 88 492028
External tel: 01872 322028
[2]epe[Cornwall Council request email]
Room C2.06, Carrick House, Pydar Street, Truro TR1 1EB
[3]www.cornwall.gov.uk
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This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].
Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.
References
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mailto:epe[Cornwall Council request email]
3. x-excid://57BC0000/uri:http:/www.cornwall.gov.uk/
file:///tmp/x-excid:/57BC0000/uri:http:/www.cornwall.gov.uk/
Dear Christophers Dave,
thank you for your response.
I requested a copy of the tribunal notes - not a copy of someone elses' decision outcome so I fail to see how you can possibly say that you have provided what I asked for.
When looking at appeals, your staff should be referring to tribunal decisions as they say they have done in my appeal rejection - for this to be true there must be a set of dicuments from the tribunal. An extract of my appeal rejection says:
"I note the content of your correspondence and can advise this has been a matter for the traffic penalty tribunal where it was decided that the signs in this location are sufficent to indicate the restriction."
There must be a document that captures the notes from the tribunal meeting that your staff refer to - this is the docuent I seek to be provided. Otherwise what source do your staff refer when they look up decisions?
I fail to be convinced that such documents exist when llearly they should.
With respect, I shall be writing to the ICO if the tribunal documented outcome is not provided.
Yours sincerely,
Paul Jordan
Dear Christophers Dave,
thank you for your further message here.
Tribunal document is a completely different thing from a copy of an adjudicator's decision - I am trying to get to the bottom of how the signage was deemed acceptable by the Parking Tribunal which obviously just repeating an adjudicator's decision does not do.
I hence hold that you are holding back by failing to provide the information requested and today shall be contacting the ICO to complain and insist that Cornwall Council provide the document(s) from the outcome of the tribunal in question.
Yours sincerely,
Paul Jordan
Dear Mr Jordan
The Council does not keep note of the outcomes of the Tribunals. These would be held by the adjudicators themselves and as such you would need to make a request to them for any information that they hold. If you are requesting information about yourself and your own PCN then this would need to be made to them as a Data Protection Request for which a charge of £10 is generally payable.
Equally, If you would like all of the information that the Council holds about you in relation to your PCN and appeal then you would need to complete the same process to us. Requests for information that we hold about you are Data Protection Requests and the Council charges £10 for these. We would also require proof of identity.
If you wish to go ahead with this please let me know by return.
Failing that, your next course of action is to refer the matter to the information commissioners office.
Kind Regards
Dave Christophers
Principal Customer Relations Officer
Customer Relations
Environment, Planning & Economy
Cornwall Council
Tel: 01872 322028
[mobile number]
[email address]
Room 320, New County Hall, Treyew Road, Truro TR1 3AY
www.cornwall.gov.uk
Please let us know if you need any particular assistance from us, such as facilities to help with mobility, vision or hearing, or information in a different format.
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Dear Dave Christophers,
Thank you once again for this message.
Well, if CC does not keep a note of the Tribunal Outcomes then specifically what did the person Z Hall from Parking services refer to when they said in their letter to me in order to know this was the case:
"I note the content of your correspondence and can advise this has been a matter for the traffic penalty tribunal where it was decided that the signs in this location are sufficent to indicate the restriction."
Yours sincerely,
Paul Jordan
Dear Mr Jordan
From my conversation with the Officers yesterday my understanding is that the documents that we have already sent to you, which were decision notices, that they are referring to those documents.
Regards
Dave Christophers
Principal Customer Relations Officer
Customer Relations
Environment, Planning & Economy
Cornwall Council
Tel: 01872 322028
[mobile number]
[email address]
Room 320, New County Hall, Treyew Road, Truro TR1 3AY
www.cornwall.gov.uk
Please let us know if you need any particular assistance from us, such as facilities to help with mobility, vision or hearing, or information in a different format.
Please consider the environment. Do you really need to print this email?
Dear Dave Christophers,
Thank you - this confirms what I now know to be true - their is no record of any tribunal outcome.
So the truth has not been told - they refer to other decision notices, NOT tribunal outcome.
A tribunal is supposed to record its decision and reasons as to why a decision was made, to provide a record that the correct procedure was followed.
Yours sincerely,
Paul Jordan
Dear Dave Christophers,
How could anyone know what the tribunal outcome was if no record was kept?
Yours sincerely,
Paul Jordan
Dear Mr Jordan
I have reviewed all of the details again.
I think that you maybe misunderstanding what I am trying to explain and
I would be grateful if you could give me a call on 01872 323984 so that
I can discuss the matter with you.
I am also aware that you have referred the matter to your local
councillor and I think for the purposes of clarity I need to explain the
Councils response.
Kind Regards
Dave
Dave Christophers
Principal Customer Relations Officer
Customer Relations
Environment, Planning & Economy
Cornwall Council
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Paul Jordan left an annotation ()
I currently have a court case pending on this matter - Cornwall Council seem to have something to hide by not providing the information I have requested. I will publish the results here. I was fined for parking in what turned out to be a residents permit holders area - there are not signs clearly visible and I have already discovered over 500 fined have been issued in St George's Rd - this is a very high number and all because there are no clearly visible signs. CC signage does not comply with regulatory guidelines and I would like proper and legal signage to be provided. At least one other person was also fined when he parked in good faith because he could not see the sign. 500 fines tells you something, watch this space.