FOI request detail

Penalty Charge Notice - Brownhill Road SE6

Request ID: FOI-0257-2324
Date published: 17 May 2023

You asked

I would like to submit a formal FOI request for the following issues: 1, How many PCN have you given at O/S 9 BROWNHILL ROAD SE6? 2, what reasons have you accepted for cancellation of PCN at O/S 9 BROWNHILL ROAD SEG. 3, what medical reason is acceptable for cancellation of PCN on the red route? 4, What is being done with the money you make from PCNs? 5, When was the camera at O/S 9 BROWNHILL ROAD SE6 last certified by an independent agency?

We answered

TfL Ref: FOI-0257-2324

Thank you for your request received by Transport for London (TfL) on 24th April 2023 asking for information about Penalty Charge Notices (PCNs) issued at Brownhill Road, SE6

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. 

I can confirm that we hold the information you require. Your questions are answered in turn below:

Question 1: How many PCN have you given at O/S 9 BROWNHILL ROAD SE6?

And;

Question 2: What reasons have you accepted for cancellation of PCN at O/S 9 BROWNHILL ROAD SEG.

Answer: I am afraid that this information is exempt from disclosure under section 31 of the Freedom of Information Act, which can apply where release of information would be likely to prejudice the prevention of crime, or to prejudice the apprehension or prosecution of offenders. This is because the release of this information (or similar information in relation to other areas) would reveal locations where enforcement activity is less likely to be implemented, and may therefore encourage people to ignore restrictions at those locations. Whilst we make no suggestion that you would use this information for anything other than your own interest, the disclosure of information under FOI is regarded as a disclosure to the public at large rather than to the individual applicant.

The use of this exemption is subject to an assessment of the ‘public interest test’ to determine whether the greater public interest rests in the exemption applying and the information being withheld, or in releasing it in any event. We recognise the need for openness and transparency by public authorities and the fact that you have requested the information is in itself an argument for release. However, in this instance we feel that balance of public interest lies in favour of withholding the information to ensure that we are able to manage traffic on the TfL Road Network. It would be strongly against the public interest to release any information that would undermine this. We consider that the release of this information would lead to increased problems as some motorists may seek to take advantage of the information, which would have a detrimental effect on street management. This principle has been previously agreed by the Information Commissioner in relation to a similar, previous request, as can be seen in the following Decision Notice - the same arguments apply in your case:

https://ico.org.uk/media/action-weve-taken/decision-notices/2021/2620057/ic-69434-n9n7.pdf


Question 3: What medical reason is acceptable for cancellation of PCN on the red route?

Answer: The grounds for making a representation are as explained on our website via the following link:

https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/making-a-representation/grounds-for-making-a-representation

In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.

Question 4: What is being done with the money you make from PCNs?

Answer:  The net proceeds raised from PCNs must be used for purposes that directly or indirectly facilitate the implementation or any policies or proposals set out in the Mayor’s Transport Strategy (see here: https://www.london.gov.uk/programmes-strategies/transport/our-vision-transport/mayors-transport-strategy-2018#:~:text=The%20Mayor's%20Transport%20Strategy%20sets,to%20it%20in%20November%202022.). Note that more general information about TfL’s income and expenditure is reported in our Annual Report and Accounts every year. The latest such report can be found on our website here:  https://content.tfl.gov.uk/tfl-annual-report-and-statement-of-accounts-2021-22.pdf

Question 5: When was the camera at O/S 9 BROWNHILL ROAD SE6 last certified by an independent agency?

Answer: 17th January 2023.

If this is not the information you are looking for please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely,

David Wells
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
 

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