Request ID: FOI-0353-2425 Date published: 24 May 2024
You asked
Hi there,
I have read through FOI-3728-2324, data recently released by TfL about private prosecutions.
I would like to further ask that you provide a list of the specific legislation or regulation under which all private prosecutions made by TfL have been made.
Can you please list in a table: 1) the specific legislation or regulation and 2) the number of private prosecutions made by the TfL under that legislation or regulation.
Can you please provide this information for as many financial years as you can, up to the cost limit.
Please contact me if you need me to clarify my request.
We answered
TfL Ref: 0353-2425
Thank you for your request received by Transport for London (TfL) on 29 April 2024 asking for information about private prosecutions.
I would like to further ask that you provide a list of the specific legislation or regulation under which all private prosecutions made by TfL have been made.
Can you please list in a table: 1) the specific legislation or regulation and 2) the number of private prosecutions made by the TfL under that legislation or regulation.
Can you please provide this information for as many financial years as you can, up to the cost limit.
I can confirm that we do hold the information you require. However, to provide the information you have requested would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with requests if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. In this instance, we estimate that the time required to answer your request would significantly exceed 18 hours which, at £25 per hour (the rate stipulated by the Regulations), exceeds the ‘appropriate limit’.
We are unable to provide a detailed breakdown for each financial year as requested as we do not hold the data in that format in order for us to produce the report you have asked for, and to compile it would result in the cost limit being exceeded, noting that there are many thousands of prosecutions carried out even in one financial year.
However we can advise that 98% of all private prosecutions undertaken by TfL are for fare evasion and 2% are for a variety of other offences – please see the table below for a breakdown of the offence categories and legislation used for enforcement action. The percentage of prosecutions would not vary much for any given financial year in any case with the vast majority of prosecutions undertaken being for fare evasion.
Rail Fare evasion - Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.
To help bring the cost of responding to your requests within the £450 limit, you may wish to consider refining your request to concentrate on matters which are important to you.
Although your request can take the form of a question, rather than a request for specific documents, TfL does not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request. If you have specific questions relating to these topics we may be more easily able to respond to these than to a request for any information held.
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
Sara Thomas FOI Case Officer FOI Case Management Team General Counsel Transport for London
