Use of the Railway Byelaws by Centro

John Wilkie made this Freedom of Information request to West Midlands Passenger Transport Executive

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.

Dear West Midlands Passenger Transport Executive,

This is a Freedom of Information Request within the meaning of the relevant legislation.

In a meeting in April 2014, WMPTE, trading as Centro, stated that Parking issues at Centro railway sites, such as Stourbridge Junction car park, would be enforced by London Midland allowing Centro to act under the Railway Bylaws. Centro has apparently engaged Vehicle Control Services as agent to enforce parking restrictions on these sites.

1) On what legal basis does Centro believe this Bylaws can be extended to Centro.
2) Have the Railway Bylaws been granted or extended to Centro, either by statute or by delegated powers.
3) If yes, please detail the statute or delegated powers, and provide a copy of same.

4) In terms of Stourbridge Junction Railway Car Park(s), please define the areas where Cento believes the railway bylaws apply, and, if relevant, the areas to which the bylaws do not apply.

5) If there are any areas where Centro believes the bylaws do not apply, why did signage at the car park(s)refer to the bylaws until September 2014?

6) Please provide a copy of the Parking Service Contract with Vehicle Control Services Ltd relating to this station, including any terms that allow VCS to issue proceedings as Centro's agent under the bylaws or otherwise as appropriate.

This enquiry is not exceptional, and should need no more than the statutory period for a full response.

Yours faithfully,

John Wilkie
Private Parking Appeals Ltd

Informationofficer, West Midlands Passenger Transport Executive

1 Attachment

Thank you for your Freedom of Information request. This is an automated response to acknowledge that your email has been received.
If this is an initial request for information under the Freedom of Information Act, we will respond to your request within 20 working days. Should your email be received outside of normal office working hours, then 20 day period will begin from the next working day.
Should we need further clarification regarding your request we will contact you as soon as possible.
Regards
Information Officer

Direct Fax: 0121 214 7917
Website: www.centro.org.uk<http://www.centro.org.uk>
[cid:image005.png@01CE8950.A2BAC060]
Centro, Centro House, 16 Summer Lane. Birmingham, B19 3SD

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Fazila Nawaz, West Midlands Passenger Transport Executive

3 Attachments

Dear Mr Wilkie,

 

Thank you for your request for information received on 11^th May 2016.

 

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days as defined by
the Freedom of Information Act 2000, subject to the information not being
exempt or containing a reference to a third party.

 

If appropriate, the information may be provided in paper copy, normal font
size. If you require alternative formats, e.g. language, audio, large
print, etc. then please let me know.

 

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

 

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case.

 

If you have any queries or concerns then please contact Nichola Vine, Head
of Legal  and Procurement Services at Centro, Centro House, 16 Summer
Lane, Birmingham, B19 3SD, e-mail [1][email address].

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner's Office

Wycliffe House

Water Lane 

Wilmslow 
Cheshire 
SK9 5AF 

Telephone:   0303 123 1113

[2]www.informationcommissioner.gov.uk

 

Yours sincerely,

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201
Website: [3]www.centro.org.uk

Centro, Centro House, 16 Summer Lane, Birmingham, B19 3SD

Please consider the environment before printing this email.

This email transmission is strictly confidential and intended
solely for the addressee. It may contain information which is
covered by legal, professional or other privilege and no mistake
in transmission is intended to waive or compromise such
privilege. If you have received this transmission in error
please notify us as soon as possible at www.centro.org.uk

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Dear Fazila Nawaz,

I refer to my Freedom of Information request made on 11 May 2016.

You are required, as a matter of law, to respond promptly, and in any case, within 20 working days.

As this request was delivered to you electronically on 11 May 2016 prior to 4pm, it is deemed served on you on that day, and therefore the 20th day for you to complete the request was Wednesday 8 June 2016.

As Centro will be aware, this Freedom of Information request relates to legal proceedings being taken by Centro's agent, Vehicle Control Services Ltd, and as a result of Centro failing to comply with this request, this failure has been reported to the relevant court.

Please respond immediately explaining the reason for this delay, and when I can expect your full response, and why this was not communicated to me as soon as the delay was identified, which must have been before today.

I look forward to your earliest response.

Yours sincerely,

John Wilkie

Fazila Nawaz, West Midlands Passenger Transport Executive

Dear Mr Wilkie,

Thank you for your email.

In accordance with the act we must reply promptly and in any event not later than the twentieth working day following the date of receipt. As we received the request on the 11th May the twentieth working day works out to be today (9th).

We endeavour to send you a full response to your request by the end of play today.

Many thanks for your cooperation.

Regards,

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201

Website: www.centro.org.uk

Centro, Centro House, 16 Summer Lane, Birmingham, B19 3SD

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Dear West Midlands Passenger Transport Executive,

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

I am writing to request an internal review of West Midlands Passenger Transport Executive's handling of my FOI request 'Use of the Railway Byelaws by Centro'.

This request was received by Centro a few moments after 11.40am on 11 May 2016. As such, day one of the 20 day period was 11 May 2016, and therefore day 20 would be 8 June 2016. You will be aware of the ICO guidance on delivery of requests by electronic means.

Additionally, the 20 day limit is a limit, not a target. Accordingly, unless there is some genuine reason for not supplying the information earlier, you are in breach of the requirement to supply the information "Promptly" as this is information which should, for the most part, be freely available on your website.

Please note that this correspondence will be relied upon in court proceedings as evidencing your, and your Agent's lack of clean hands in coming to court.

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,

John Wilkie

Informationofficer, West Midlands Passenger Transport Executive

1 Attachment

Thank you for your Freedom of Information request. This is an automated response to acknowledge that your email has been received.
If this is an initial request for information under the Freedom of Information Act, we will respond to your request within 20 working days. Should your email be received outside of normal office working hours, then 20 day period will begin from the next working day.
Should we need further clarification regarding your request we will contact you as soon as possible.
Regards
Information Officer

Direct Fax: 0121 214 7917
Website: www.centro.org.uk<http://www.centro.org.uk>
[cid:image005.png@01CE8950.A2BAC060]
Centro, Centro House, 16 Summer Lane. Birmingham, B19 3SD

Please consider the environment before printing this email.

This email transmission is strictly confidential and intended
solely for the addressee. It may contain information which is
covered by legal, professional or other privilege and no mistake
in transmission is intended to waive or compromise such
privilege. If you have received this transmission in error
please notify us as soon as possible at www.centro.org.uk

show quoted sections

Fazila Nawaz, West Midlands Passenger Transport Executive

5 Attachments

Dear Mr Wilkie

 

Freedom of Information request - 420

 

I refer to your freedom of information request submitted to Centro on the
11^th May.

With regard to the opening paragraph of your letter, I am unclear as to
the exact meeting you are referring to and therefore cannot make any
comment.  

 

Addressing the six points on which you seek information under the FOI Act
and following the numbering adopted in your letter I can provide the
following responses:

 

1.     Where Railway Bye-laws apply to land owned by Network Rail and
sub-leased by London Midland to Centro,   then pursuant to Bye-law 25 (1)
(i) (b) of the  Railway Bye-laws, Centro is, by virtue of written
authority from London Midland,  an authorised person for the purpose of
relying on those Bye-laws.  

2.     No, nor is this necessary as this is not a requirement of the
Railway Bye-laws. Centro is entitled to rely on a clear authority passed
to Centro from the TOC.

3.     Please see my response to number 2 above.

4.     There are two car parks at Stourbridge Junction.  The first is
known as Stourbridge Junction Brook Road car park and the second is
Stourbridge Junction Ticket Office both of which are sub-leased from
London Midland to West Midlands Transport Authority (Centro).  This means
that Railway Bye-laws apply to both of these particular sites.  The other
car park at Stourbridge known as Rufford road is private land and in
Centro’s freehold ownership and therefore neither the Railway nor the
Midland Metro Bye-laws apply. 

5.     Until 2014, I understand that signage at car parks were of a
uniform design regardless of their status. Indeed, prior to 2014 the
distinction was not required as there was no enforcement on our car
parks.    When Centro entered into a contract with VCS to manage the
various car park sites on Centro’s behalf, the signage was amended
accordingly and reflected the various status of each car park, i.e. Metro,
Railway or Private.

6.     I can confirm that a contract was concluded between Centro and VCS
and a copy of the contract and specification are attached.

 

We hope the above is satisfactory.  However, if you have a complaint about
the way in which your request for information has been dealt with you
should write to Nichola Vine, Head of Legal and Procurement Services, at
the address above. She will undertake a full re-evaluation of your case.

 

If, following review of the matter by the Head of Legal and Procurement
Services, you remain dissatisfied with the handling of your request you
have the right under section 50 of the Freedom of Information Act 2000 to
apply directly to the Information Commissioner for a decision.

 

Generally, the Information Commissioner cannot make a decision unless you
have exhausted our complaints procedure. The Information Commissioner can
be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Kind regards.

Yours sincerely,

 

 

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201
Website: [1]www.centro.org.uk

Centro, Centro House, 16 Summer Lane, Birmingham, B19 3SD

Please consider the environment before printing this email.

This email transmission is strictly confidential and intended
solely for the addressee. It may contain information which is
covered by legal, professional or other privilege and no mistake
in transmission is intended to waive or compromise such
privilege. If you have received this transmission in error
please notify us as soon as possible at www.centro.org.uk

show quoted sections

Fazila Nawaz, West Midlands Passenger Transport Executive

Dear Mr Wilkie

Thank for your email.

I can confirm that a full review of your Freedom of Information Request will be conducted by our Head of Legal and Governance Services.

You will receive a response within 20 working days.

Kind regards,

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201

Website: www.centro.org.uk

Centro, Centro House, 16 Summer Lane, Birmingham, B19 3SD

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Dear Centro,

On 13 June 2016, you notified me that an internal review of my FOI request would take 20 working days.

It is now 4 August 2016, some 38 Working days since your own self-imposed timescale.

As a result, if I do not receive the reply to my Internal Review request by close of business on 8 August 2016, I will report your failure to the Information Commissioner, and ask him to sanction you fro your breach of the act.

Yours sincerely,

John Wilkie

Fazila Nawaz, West Midlands Passenger Transport Executive

2 Attachments

Dear Mr Wilkie,

 

Thank you for your email of 4^th August 2016 in relation to the above
matter.

 

A full review of your request has now been conducted and I apologise for
the delay in responding.

 

I agree that your request in relation to the ‘use of Railway Byelaws’ by
Centro was received on the 11^th May 2016.

 

Section 10 of the Freedom of Information Act sets out the time frames
within which a public authority must respond to a Freedom of Information
request. Authorities must respond to requests promptly, and by the
twentieth working day following the date of receipt of the request.

 

The twenty day period effectively starts on the day after the request has
been received. Day one was therefore the 12^th May 2016. In addition the
twenty days are classed as working days, Monday to Friday and do not
include statutory or bank holidays. Your response was correctly submitted
on the twentieth working day following receipt of your request.

 

With regards to the time taken to respond to the request, the request was
dealt with as promptly as possible taking into account the information
requested and the fact that the transition of the West Midlands Passenger
Transport Executive to the West Midlands Combined Authority was on going
at the time.

 

We hope the above is satisfactory.  However, if you have a complaint about
the way in which your review has been dealt with you should contact James
Aspinall, Director of Corporate Services, c/o [1][email address]

Yours sincerely,

 

 

Sent on behalf of Nichola Vine

Head of Legal and Procurement Services

 

 

Fazila Nawaz
Legal and Procurement Services Coordinator

Direct Dial: 0121 214 7201
Website: www.westmidlandscombinedauthority.org.uk

16 Summer Lane, Birmingham, B19 3SD

Please consider the environment before printing this email.

This email transmission is strictly confidential and intended solely for
the addressee. It may contain information which is covered by legal,
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to waive or compromise such privilege. If you received this transmission
in error please notify us as at
https://westmidlandscombinedauthority.or...

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