Whitchurch Close - Obstructive Parking Issues

Peter Starch made this Freedom of Information request to Cheshire Constabulary

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 Cheshire Constabulary,

This request is about Whitchurch Close obstructive parking issues. Specifically; the junction of Whitchurch Close and Ludlow Close / the turning point between 78 to 84 Whitchurch Close.

I request the following:

1. How many complaints regarding obstructive parking in this location have been made to Cheshire Constabulary in; 2016, 2015, 2014, 2013, 2012, 2011?

2. What were the specifics of said complaints?

3. How many parking tickets / fixed penalty notices / summonses / postal requisitions has Cheshire Constabulary issued for vehicles obstructively parked here for the aforementioned years (specify each year)?

4. How many vehicles has Cheshire Constabulary had removed / towed for each of the above years?

5. How many complaints has Cheshire Constabulary made to Warrington Borough Council on its own accord i.e. a complaint directly from an officer not a member of the public – please specify for each year.

6. Please provide any correspondence sent to Warrington Borough Council in respect of parking issues at this location.

Thank you for your assistance.

Yours faithfully,

Peter Starch

Freedom of Information, Cheshire Constabulary

Dear Mr Starch

 

I acknowledge receipt of your correspondence received 14/06/2016 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

 

I am in the process of dealing with your request and will respond in due
course and in any case by 12/07/2016. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.

 

Regards

 

 

Tracey Evanson, Freedom of Information Compliance Officer

Information Compliance| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 364176

 

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Freedom of Information, Cheshire Constabulary

2 Attachments

Dear Mr Starch

 

I refer to your recent request for information under the Freedom of
Information Act 2000, as set out below:

 

This request is about Whitchurch Close obstructive parking issues.
Specifically; the junction of Whitchurch Close and Ludlow Close / the
turning point between 78 to 84 Whitchurch Close.

 

I request the following:

 

1. How many complaints regarding obstructive parking in this location have
been made to Cheshire Constabulary in; 2016, 2015, 2014, 2013, 2012, 2011?

 

2. What were the specifics of said complaints?

 

3. How many parking tickets / fixed penalty notices / summonses / postal
requisitions has Cheshire Constabulary issued for vehicles obstructively
parked here for the aforementioned years (specify each year)?

 

4. How many vehicles has Cheshire Constabulary had removed / towed for
each of the above years?

 

5. How many complaints has Cheshire Constabulary made to Warrington
Borough Council on its own accord i.e. a complaint directly from an
officer not a member of the public – please specify for each year.

 

6. Please provide any correspondence sent to Warrington Borough Council in
respect of parking issues at this location.

 

In accordance with section 1(1) (a) of the Act, our response is as
follows:

 

From our preliminary assessment, we estimate that compliance with your
request would exceed the appropriate costs limit under section 12 of the
Freedom of Information Act 2000. This is currently £450. The basis for
this calculation is the cost of retrieving the information relating to
questions 5 and 6 specifically. 

 

There were in excess of 200 emails alone sent to Warrington Borough
Council from Cheshire Police in the last year. To determine if the emails
related to a specific subject ie parking issues would require a manual
trawl through each email to establish if it were in fact a compliant
directly from an officer.  This it is estimated to take one person 5-10
minutes per email equating to in excess of 33 hours for one year alone. 
This exceeds the appropriate limit and your request is refused.  In
addition, an individual officer may have made a complaint to the council
verbally would not have been recorded on our police systems .

 

Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when  refusing  to  provide  such  information  (because the
information  is  exempt)  to provide you 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.

 

The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore, Section
12 of the Freedom of Information Act 2000 allows a public authority to
refuse to respond to a request for information where the cost of
compliance would exceed the appropriate limit as defined by the above
mentioned regulations.

 

However, in order to assist you I have been able to answer the following
questions, unfortunately I am unable to assist you with any other
meaningful statistics in relation to this subject matter. 

 

Q3 = Nil

 

Q4 = Nil

 

If I can be any further assistance in this matter, please do not hesitate
to contact me.

 

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

 

Regards

 

 

Sarah Davies, Freedom of Information Officer

Information Management| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 366556 | 

[1]CC_Logo_45mm_for_A5_DL

 

 

 

Important Notice for Journalists

Disclosure of the enclosed information is in pursuant of the Cheshire
Constabulary's duty under Sections 1 and 11 of the Freedom of Information
Act 2000. This consists of copies of or extracts from recorded
information. When re publishing this information it should be made clear
in any article that the source of the information is in response to a
request under the Act. Officers supplying the information are not
Constabulary spokespersons and must not be quoted as though they were. 
Journalists are invited to make contact with the Cheshire Police Press
Desk on 01606 365945 should they wish to put into context their FOI data
with an official comment from a police spokesperson in the business area
they have sought information on.

 

Cheshire Constabulary in complying with their statutory duty under
sections 1 and 11 of the Freedom of Information Act 2000 to release the
enclosed information will not breach the Copyright, Designs and Patents
Act 1988. However, the rights of the copyright owner of the enclosed
information will continue to be protected by law. Applications for the
copyright owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, Cheshire
Constabulary HQ, Clemonds Hey, Oakmere Road, Winsford, Cheshire, CW7 2UA

 

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

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Dear Cheshire Constabulary,

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

I am writing to request an internal review of Cheshire Constabulary's handling of my FOI request 'Whitchurch Close - Obstructive Parking Issues'.

I dispute that the request cannot be done. I dispute the cost and time that Cheshire Constabulary attribute to the request.

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

Yours faithfully,

Peter Starch

Freedom of Information, Cheshire Constabulary

1 Attachment

 

Dear Mr Starch

 

Thank you for your email dated 11/07/2016 in which you express
dissatisfaction with our response to your request under the Freedom of
Information Act 2000, our reference number 7736.

 

In view of your comments your request has been forwarded to our
independent appeals/reviewing officer, who has been appointed by the
Authority. In accordance with our current policy, in line with the
requirements of the Act and guidance from the Information Commissioner,
our response to a review will be provided on or before the 08/08/2016.

 

If you require any further information please feel free to contact me,
details below;

 

Regards

 

 

Sarah Davies, Freedom of Information Officer

Information Management| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 366556 | 

[1]CC_Logo_45mm_for_A5_DL

 

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links

Freedom of Information, Cheshire Constabulary

1 Attachment

Dear Mr Starch,

 

I am writing in response your email dated 11^th July 2016 requesting an
independent appeal against the decision made in relation to your request
for information under the Freedom of Information Act 2000.

 

In line with S45 of the Freedom of Information Act 2000 (Code of
Practice), I have conducted an internal review in relation to your request
for information. In carrying out this review, reference is made to the
legislation guidance, the Code of Practice on the Discharge of the
Functions of Public Authorities under Part 1 of the Freedom of Information
Act. 

 

Original request:

 

This request is about Whitchurch Close obstructive parking issues.
Specifically; the junction of Whitchurch Close and Ludlow Close / the
turning point between 78 to 84 Whitchurch Close.

 

I request the following:

 

1. How many complaints regarding obstructive parking in this location have
been made to Cheshire Constabulary in; 2016, 2015, 2014, 2013, 2012, 2011?

 

2. What were the specifics of said complaints?

 

3. How many parking tickets / fixed penalty notices / summonses / postal
requisitions has Cheshire Constabulary issued for vehicles obstructively
parked here for the aforementioned years (specify each year)?

 

4. How many vehicles has Cheshire Constabulary had removed / towed for
each of the above years?

 

5. How many complaints has Cheshire Constabulary made to Warrington
Borough Council on its own accord i.e. a complaint directly from an
officer not a member of the public – please specify for each year.

 

6. Please provide any correspondence sent to Warrington Borough Council in
respect of parking issues at this location.

 

The Constabulary’s response (11.07.2016):

 

In accordance with section 1(1) (a) of the Act, our response is as
follows:

 

From our preliminary assessment, we estimate that compliance with your
request would exceed the appropriate costs limit under section 12 of the
Freedom of Information Act 2000. This is currently £450. The basis for
this calculation is the cost of retrieving the information relating to
questions 5 and 6 specifically. 

 

There were in excess of 200 emails alone sent to Warrington Borough
Council from Cheshire Police in the last year. To determine if the emails
related to a specific subject ie parking issues would require a manual
trawl through each email to establish if it were in fact a compliant
directly from an officer.  This it is estimated to take one person 5-10
minutes per email equating to in excess of 33 hours for one year alone. 
This exceeds the appropriate limit and your request is refused.  In
addition, an individual officer may have made a complaint to the council
verbally would not have been recorded on our police systems .

 

Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when  refusing  to  provide  such  information  (because the
information  is  exempt)  to provide you 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.

 

The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore, Section
12 of the Freedom of Information Act 2000 allows a public authority to
refuse to respond to a request for information where the cost of
compliance would exceed the appropriate limit as defined by the above
mentioned regulations.

 

However, in order to assist you I have been able to answer the following
questions, unfortunately I am unable to assist you with any other
meaningful statistics in relation to this subject matter. 

 

Q3 = Nil

 

Q4 = Nil

 

Appeal (11.07.2016):

 

“I dispute that the request cannot be done. I dispute the cost and time
that Cheshire Constabulary attribute to the request”.

After considering the request and the associated response from the
Constabulary, the original decision is upheld.

The information is exempt by virtue of Section 12 of the Freedom of
Information Act 2000 as we estimate that compliance with your request
would exceed the appropriate costs limit. This is currently £450/18 hours.
The basis for this calculation is the cost of retrieving the information.

As explained previously, there were 200 emails alone sent to Warrington
Borough Council from Cheshire Police in the last year. To determine if the
emails related to a specific subject ie parking issues would require a
manual trawl through each email to establish if it were in fact a
complaint directly from an officer.  It is estimated that each email will
take between 5-10 minutes to read. The calculation provided of 33 hours
was based on the maximum amount of time to read each email (10 minutes).
Even if I work out the calculation as an average between 5-10 minutes (7.5
mins), it would still take 25 hours to read the emails for one year. This
would still exceed the appropriate cost limit of £450 and therefore your
request is refused.

 

The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore, Section
12 of the Freedom of Information Act 2000 allows a public authority to
refuse to respond to a request for information where the cost of
compliance would exceed the appropriate limit as defined by the above
mentioned regulations.

 

Also, Section 17 of the Freedom of Information Act 2000 requires the
Cheshire Constabulary, when  refusing  to  provide  such  information 
(because the information  is  exempt)  to provide you 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. This has been explained the Constabulary’s original response to
you.

 

Under the Freedom of Information Act 2000, you have further recourse for
appeal, if required, to the Information Commissioner. Information can be
obtained about the appeal procedure from:

 

The Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK8 5AF

 

If I can be any further assistance in this matter, please do not hesitate
to contact me.

 

Regards,

 

Rachel Walsh, Data Protection Officer

Information Compliance| Cheshire Constabulary HQ | Clemonds Hey |

Oakmere Road | Winsford | Cheshire | CW7 2UA |

(Office: 01606 362384 |  *:  [1][email address]

[2]CC_Logo_45mm_for_A5_DL

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

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