Unlawful Penalties

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

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

Response to this request is long overdue. By law, under all circumstances, Powys County Council should have responded by now (details). You can complain by requesting an internal review.

Pat James (Account suspended)

Dear Powys County Council, in regard of your incomplete and erroneous response to my freedom of information request (F2017/0059), by what authority of law do you impose a penalty in a civil matter, without recourse to a court of law.

Yours faithfully,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2017-0432

Date / Dyddiad:   04/04/17

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2017/0432

 

Dear Mr. James

 

Thank you for your request for information, received at this office on
03/04/2017, in which you requested details of the following:

 

Penalties

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 04/05/2017.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Carl Bryden

 

Information Compliance Officer

 

 

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]

Pat James (Account suspended)

Dear Freedom of Information Queries (CSP - Generic), a response is now overdue.

Yours sincerely,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

Dear Mr James

We regret the delay you have experienced with this request. We acknowledge that Powys County Council has failed in its obligation under the Freedom of Information Act 2000, to provide you with a response to your request within the statutory timescale of 20 working days. Please accept our apologies for this and for any inconvenience this may have caused. Your request is currently with the Head of Legal Services who is currently out of the office on election duties. We will continue to request a response from Legal Services.

Regards

Information Compliance Team

show quoted sections

Freedom of Information Queries (CSP - Generic), Powys County Council

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      

Email/Llythyru electronig:
[1][Powys County Council request email]

Our ref / Ein cyf:  0432

Date / Dyddiad:   11/05/17

 

Reference No: F2017-0432

 

 

Dear Mr James

 

Thank you for your request for information dated 03/04/17 concerning
Penalties

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The Request:

 

Dear Powys County Council, in regard of your incomplete and erroneous
response to my freedom of information request (F2017/0059), by what
authority of law do you impose a penalty in a civil matter, without
recourse to a court of law.

 

The Response

The duty for an Authority under the Freedom of Information Act is provide,
to the requestor, any recorded documentation held.  We have no obligation
to create information to satisfy the request, nor to provide legal
advice.  If the requestor requires interpretation of legislation then they
should consult their own legal advisor. We have no further recorded
information on the matter.   

 

However, we can state that The Traffic Management Act 2004, Part 6 gives
us the power to issue the Penalty [not a fine]. Information concerning the
Authority’s ability to impose a penalty can be found in the public domain.

 

[2]http://www.legislation.gov.uk/uksi/2013/...

 

Further information can be found

 

[3]http://gov.wales/topics/transport/road-u...

 

Additionally the Order from Welsh Government conferring the Civil
Enforcement/Special Parking area for Powys can be found
[4]http://www.assembly.wales/Laid%20Documen...

 

Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:

(a)  states that fact;

(b)  specifies the exemption in question and

(c)  states (if that would not otherwise be apparent) why the exemption
applies.

In this instance the relevant exemption is Section 21 of the Freedom of
Information Act.

Section 21: Information accessible to applicant by other means -

(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.

(2) For the purposes of subsection (1) -

(a) Information may be reasonably accessible to the applicant even though
it is accessible only on payment, and,

(b) Information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any other
person is obliged by or under any enactment to communicate (otherwise than
by making the information available for inspection) to members of the
public on request, whether free of charge or on payment.

(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2) (b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority’s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

In accordance with Section 21 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.

We regret the delay you have experienced with this request. We acknowledge
that Powys County Council has failed in its obligation under the Freedom
of Information Act 2000, to provide you with a response to your request
within the statutory timescale of 20 working days. Please accept our
apologies for this and for any inconvenience this may have caused.

 

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

 

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

 

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[5]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Management. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [6][email address]

[7]www.ico.org.uk

 

 

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]
2. http://www.legislation.gov.uk/uksi/2013/...
3. http://gov.wales/topics/transport/road-u...
4. http://www.assembly.wales/Laid%20Documen...
5. http://www.opsi.gov.uk/advice/crown-copy...
6. mailto:[email address]
7. http://www.ico.org.uk/

Pat James (Account suspended)

Dear Freedom of Information Queries (CSP - Generic), I am not requesting the creation of documentation, I am requesting the documented authority in Common Law by which you seek to impose unlawful penalties in contravention of Constitutional Law. If you have no such documentation which is what you seem to be indicating, then you are committing fraud.

Yours sincerely,

Pat James

Powys County Council

As a result of the recent International Cyber Incident, which is affecting
the NHS, this email has been deleted and will not be sent on to the
recipient.

This has been implemented as a proactive precautionary measure.

We will review the situation on Monday 15th May 2017

NHS Wales Informatics Service

    From: [FOI #398971 email]
    To: [Powys County Council request email]
    Subject: Re: Response F2017-0432 Penalties

Pat James (Account suspended)

Dear Powys County Council, I write to remind you that you are in breach of the Freedom of Information Act both by failure to respond and failure to conduct a review when requested.

There is no exemption within the legislation.

Yours faithfully,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

Dear Mr. James

Thank you for your correspondence below. We provided a response to your request on the 11th May 2017.
As per the automated response you have reposted below we are not in receipt of any further correspondence regarding F2017-0432.
We are aware that a large number of emails were refused and deleted by our mail server due to the national cyber-attack. We sought advice regarding this from the Information Commissioners Office . The advice given was that these were circumstances beyond our control and that as long as we informed senders that there was an issue that they understood we could do nothing further. As evidenced by your email, you have received our automated message advising of the attack and the steps that were being taken to protect our IT assets. If you would like to resubmit any correspondence we will respond as appropriate.

Yours

Carl Bryden
Information compliance Officer.

show quoted sections

Pat James (Account suspended)

Dear Freedom of Information Queries (CSP - Generic), In response to your communication stating that you have deleted my request. A record of all correspondence in this matter is available via the "What do they know" web site.

I further remind you that this matter remains undischarged, in that you have provided no documented authority as requested.

Yours sincerely,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

Good Morning Mr. James.

As you are aware we had not received your communication as it was deleted at source by our email provider before reaching the authority.
We are not obliged to monitor third party websites and would have had no indication of your dissatisfaction. Our response of 11/05/2017 is our official response. Are you wishing to submit an internal review?, If so please indicate as such by return.

Many Thanks
Carl Bryden
Information Compliance Officer.

show quoted sections

Pat James (Account suspended)

Dear Powys County Council,

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

I am writing to request an internal review of Powys County Council's handling of my FOI request 'Unlawful Penalties'.

Powys County Council are denying that they received a request which they have previously acknowledged on at least three occasions as evidenced by the communications record on the What do they know website.

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

Yours faithfully,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

 

Dear Mr James

 

We acknowledge receipt of your complaint regarding the Information
relating to "Penalties".  I regret that you have expressed dissatisfaction
in the service provided by Powys County Council in respect of your recent
request for information. Your complaint will be referred to the most
appropriate individual for review, in accordance with the Council’s
Freedom of Information Complaints Policy.

 

Powys County Council attempts to respond to requests for a review within
20 working days, however, this is not possible in all cases.  We will
endeavour to respond by 26^th June 2017.

 

Yours Sincerely

 

Information Compliance Team

 

 

show quoted sections

Freedom of Information Queries (CSP - Generic), Powys County Council

1 Attachment

Dear Mr James

Please find attached our response to your request for an internal review.

Information Compliance Team

show quoted sections