traffic/CPE reguations
Dear Derbyshire County Council,
I request the following information.
The regulation that allows parking restrictions on RURAL LAY-BYS.( Do not quote the RTA 1984)
A copy of the regualtion that allows "give way lines" to be deployed on rural lay-bys.
The cost of the following.
Generation and deployement of the TRO and restrictions on the A632 and the lay-by in 2010 and all work invloved in attempting to turn the lay-by into a service road. Include all parties and work involved in the above costs from 2010 to present day.
The cost of deploying unlawful parking restrictions on the A616 lay-bys and subsequent rectification by redeploying required regulation 801 signs.
How many drivers have claimed their PCN on the above A632 lay-by location as being "unlawful".??
When will the required 801 sign which was unlawfully removed from the A632 lay-by be replaced and conform to regulations.?
Yours faithfully,
R Oliver
Dear Mr Oliver
Having taken into account the nature of this request, which relates to
subjects which have been responded to by the Council on frequent
occasions, and the refusal notice pursuant to s.14(1) (FOIA) which the
Council issued dated 18 July 2022, we will not be responding to this
request.
Section 17(6) allows a public authority not to issue a refusal notice in
circumstances where a refusal notice for a previous vexatious or repeated
request has been issued, and it would be unreasonable to issue
another one.
Kind Regards
Business Services Officer | Access to Information Team | Place |
Derbyshire County Council [1][IMG] [2]Teams
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Dear Place FOI_EIR (Place),
Thank you for your antisipated response to my FOI request. However, my request has NOT been addressed previously by you. My previous request(s) have been on the same locations and but have not been in the same context. Previously they have been purly on regulations but this request is similar but NOT the same as you claim. Seeing how you are aware that the Council are facing a court case for unlawful fines and that they accepted that a driver claimed his PCN to be unlawful and accepted by the Council perhaps this has stired a few hornets in the nest and the reason for your refusal on this request. The Council claim many things but cannot provide any regulation in support of that which is claimed and the blocking of all communications for over six months is again against the required regulations. As with your partners at Butterley who after receiving two phone calls on another subject terminated my phone and all calls. We appear to live in a police state operated Country and becomes more so by the day. I have only spoken to two police officers in my lifetime that I can call honest, these being my brother and father of 34 years service when we lived in an honest community.
I request an internal review on my request
R Oliver
reg Oliver
Dear Mr Oliver,
I refer to your request for a review received on the 16 August 2023.
I have passed this on to the reviewing officer who will consider the
Council’s response to your request for information.
The reviewing officer will provide the review within 40 working days and
by the 13 October 2023.
However, we shall endeavour to deal with your request promptly, and if
possible before this date.
Yours sincerely,
Access 2 Information Team
Corporate Services & Transformation
Derbyshire County Council
County Hall
Matlock
DE4 3AG
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please notify us by replying to the email. Once you have done this please
delete the email and do not disclose, copy, distribute, or rely on it.
Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.
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with our privacy notices, available at
[4]www.derbyshire.gov.uk/privacynotices.
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Dear Mr Oliver,
Please see response to your request for an Internal Review.
Kind regards Justin
Justin Hird Legal Assistant | Legal and Democratic Services | Corporate
Services and Transformation Derbyshire County Council | County Hall,
Matlock, Derbyshire DE4 3AG | Visit us at
[1]www.derbyshire.gov.uk | Follow us on [2]Twitter | Find us on
[3]Facebook |
My general working hours are Mon -Fri 9am -5pm
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Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [5]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[6]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.
══════════════════════════════════════════════════════════════════════════
Please Note
This email is confidential, may be legally privileged and may contain
personal views that are not the views of Derbyshire County Council. It is
intended solely for the addressee. If this email was sent to you in error
please notify us by replying to the email. Once you have done this please
delete the email and do not disclose, copy, distribute, or rely on it.
Under the Data Protection Act 2018 and the Freedom of Information Act 2000
the contents of this email may be disclosed.
Any personal information you have given us will be processed in accordance
with our privacy notices, available at
[7]www.derbyshire.gov.uk/privacynotices.
Derbyshire County Council reserves the right to monitor both sent and
received emails.
══════════════════════════════════════════════════════════════════════════
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References
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Dear Derbyshire County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Derbyshire County Council's handling of my FOI request 'traffic/CPE reguations'.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
I respond to your rejection on my request for the information required and would direct you to the Information provided by the ICO which states that a period of six months is the expiery time for none compliance of requests and this has previously been expired for well over that time span. It also states that it is the information that is required where such actions can be imposed and not against the person making the request(s).
With regards to your last communication I provide the following.
1) You refer to my cases but do not provide how many have been succesful in their appeals when the Council have acepted that the location quoted is UNLAWFUL and had their submittion accepted by the Council. (ref DJ16608533. Copy already provided to the legal department) My two cases were won by perjury of the Councils agent this being Mr Jameson, both transcripts "onfile" and provided in my evidence to the court and yourselves. Failure number one for a correct answer to the question.
2) The TRO for the location does not conform to that deployed and under the councils powers(TMA2004) is defective and unenforceable. It is also unlawful as rural lay-bys have no restrictions and I repeat from the documents provided to yourselves , Council.-- "This means that the information requested above is not held by DCC , as lay-bys are NOT subject to parking restrictions". A copy sent to yourselves in relation to the court case. Also your refernce to the TRO and your 2016 TRO consolidation order. This describes a lay-by and its requirement. "It also states that it includes all roads including slip roads, EXCLUDES any lay-by". The Council also claim the location as being a service road but without any required legal documentation as to it being as claimed. Your response does not provide anything of fact on section two quoted by yourselves as to the costs incured and that the "give way lines" do not conform to regulations. Even these devide the location from the main highway as it appears that the Council were desperate to try and overcome the situation which they have generated to comply with the Council partners requirement.
3) I again refer to the above stated case number in which the driver stated "UNLWFUL" and was accepted by the Council. This conveys that ALL other PCNs therefore must also have been unlawfully and supports what I have claimed over the past seven years and the reason for claim of refunds
4) Your claim that the location conforms to required regulations is knowingly incorrect as they are all being abused by the Council in complying with Council partners and the reason for the suppression of information requested. What you quote is knowingly both corrupt in detail.
The above is no doubt the reason of your reponses and my many requests for information as nothing of value has been quoted at any time.
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,
Reg Oliver
Dear Mr Oliver,
I acknowledge receipt of your email dated 27 August 2023, further below for ease of reference. I enclose a further copy of the internal review dated 25th August 2023. The decisions and explanations previously given are the Council's final position. You do of course have the right to raise a complaint with the ICO directly, the contact details are in the attached letter and below, should you wish to challenge the decision.
Please see link www.ico.org.uk/foicomplaints
as the primary way of escalating to the ICO.
Alternative ways of contacting the ICO are below.
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113/Fax: 01625 524510
www.ico.org.uk/complaints.aspx
Kind regards Justin
Justin Hird Legal Assistant | Legal and Democratic Services | Corporate Services and Transformation Derbyshire County Council | County Hall, Matlock, Derbyshire DE4 3AG | Visit us at www.derbyshire.gov.uk | Follow us on Twitter | Find us on Facebook | My general working hours are Mon -Fri 9am -5pm
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