Number of penalty charge notices issued in respect of particular junction
Request ID: FOI-0604-2324 Date published: 20 June 2023
You asked
Please provide me with the number of penalty charge notices issued in respect of unlawful turns from Cromwell Road Eastbound onto Exhibition Road in the last 5 years, broken down by year.
We answered
TfL Ref: 0604-2324
Thank you for your request received by Transport for London (TfL) on 26 May 2023 asking for information about the number of PCNs issued for unlawful turns from Cromwell Road onto Exhibition Road over the last five years broken down by year.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.
However, 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.
In this instance the exemption has been applied as disclosure of the information you have requested on the number of fines issued at a specific location would reveal the likelihood of a driver being issued with a fine at that location.
The purpose of enforcement is to assist with the safe and smooth flow of traffic on the TfL road network, and TfL has the power to issue PCNs where drivers contravene a range of restrictions on the network. If drivers are aware of how likely (and, by extension, how unlikely) they are to be issued with a PCN then it would encourage non-compliance with those traffic restrictions in the areas that are not covered or are covered to a lesser extent. Whilst we make no suggestion that you would use this information for anything other than you own personal interest, disclosure of this information to you has to be 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 here: 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
Sara Thomas FOI Case Officer FOI Case Management Team General Counsel Transport for London
