FOI request detail

Penalty Charge Notices issued O/S 19-25 High Street SM3

Request ID: FOI-0397-2324
Date published: 25 May 2023

You asked

Could you please confirm: 1. How many Penalty Charge Notices have you issued for the Red Route loading bay location O/S 19-25 High Street SM3 from 2018 to 2023? 2. How many PCN representations were made for this location? 3. What percentage of PCN representations for this location were successful?. 4. How many PCNs for this location were subject to appeal to Environment and Traffic Adjudicators. 5. What percentage were successfully appealed for this location?

We answered

Our ref: FOI-0397-2324/GH

Thank you for your request received by Transport for London (TfL) on 9 May 2023 asking for information about Penalty Charge Notices issued O/S 19-25 High Street SM3.

I can confirm that we hold the information you require. However, unfortunately the 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.

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 traffic 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

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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