PCNs issues Kew Bridge Road/Kew Rd/Chiswick High Road
Request ID: FOI-0864-2324 Date published: 11 July 2023
You asked
Would you please provide the numbers by month/year/contravention of PCNs issued by CCTV at the junction of Kew Bridge Road/Kew Rd/Chiswick High Road for the last 3 years. For clarity PCN number xxxxxx will show the location and camera id. The representation for this PCN was accepted but advised that PCNs issued in similar or same circumstances in the future may not be cancelled. Please provide the statutory basis for enforcing the yellow box junction at this location for vehicles turning right where this is an exemption.
We answered
TfL Ref: FOI-0864-2324
Thank you for your request received by Transport for London (TfL) on 20th June 2023 asking for information about PCNs issued on Kew Bridge Road, Kew Road, and Chiswick High Road.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“Would you please provide the numbers by month/year/contravention of PCNs issued by CCTV at the junction of Kew Bridge Road/Kew Rd/Chiswick High Road for the last 3 years. For clarity PCN number xxxxxxx will show the location and camera id. The representation for this PCN was accepted but advised that PCNs issued in similar or same circumstances in the future may not be cancelled. Please provide the statutory basis for enforcing the yellow box junction at this location for vehicles turning right where this is an exemption.”
I can confirm that we hold the information you require.
In answer to your first question - for data on the number of PCNs issued - 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:
Further, the Highway Code states that you must not enter a Yellow Box Junction unless your exit is clear or if you are turning right but need to wait in the box because of oncoming, moving traffic. I understand that in your case you were not issued with a PCN for ‘turning right’. Our Road User Charging team tell me that you had driven over Kew Bridge carrying on to Chiswick roundabout – this is not a right turn, but rather the road bends to the right. As you did not wait until the box was clear before progressing onto it the PCN was correctly issued. However, I also understand your representation was accepted as a goodwill gesture, but that you have been correctly advised that we cannot guarantee being able to do so for future similar contraventions.
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
