FOI request detail

Tube Station Car Parks

Request ID: FOI-0800-1718
Date published: 25 July 2017

You asked

I note from your website at https://tfl.gov.uk/modes/driving/tube-station-car-parks that all your tube station car parks are managed by your agents NCP. 1. Please would you provide a copy of the latest contract between TfL and NCP retaining NCP as managing agents for these car parks. 2. Please would you confirm that all your tube station car parks (as listed on your website) are subject to the Transport for London Railway Byelaws 2011. If not, please would you list which ones are not?

We answered

TfL Ref: 0800-1718

 

Thank you for your request received by Transport for London (TfL) on 2 July 2017 asking for information about our Tube station car parks.

 

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.  We do hold the information you require. You asked:

 

I note from your website at https://tfl.gov.uk/modes/driving/tube-station-car-parks that all your tube station car parks are managed by your agents NCP.

 

1. Please would you provide a copy of the latest contract between TfL and NCP retaining NCP as managing agents for these car parks.

 

2. Please would you confirm that all your tube station car parks (as listed on your website) are subject to the Transport for London Railway Byelaws 2011.  If not, please would you list which ones are not?

 

Response

 

Please find attached a copy of the current contract as requested.

 

Please note that specific pricing and cost information has been redacted as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of NCP Ltd.

 

In this instance the exemption has been applied to the NCP contract as disclosure of this information would be likely to prejudice the commercial interests of TfL and/or NCP. Disclosing details regarding pricing structures and monetary rates would prejudice TfL’s position in ensuring it has an unconstrained bargaining leverage in any future negotiations TfL may undertake in regard to this area.

 

Likewise NCP would suffer prejudice to its commercial interests if the financial specifications contained within the contract were disclosed both in the context of their approach to tender bids with other third party organisations and in the context of them competing with other bidders in any future re-procurement TfL might do for this particular service.

 

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money with regards to the service provided to maintain the scheme, outweighs the general public interest in increasing transparency of TfL’s processes.

 

Additionally, in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) any personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.

 

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

 

In answer to question 2, all our car parks are subjected to the railway byelaws.

 

If this is not the information you are looking for, or if you are unable to access it for some reason, 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

 

 

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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