Request ID: FOI-1019-2122 Date published: 21 September 2021
You asked
Various questions relating to a PCN
We answered
TfL Ref: FOI-1019-2122
Thank you for your letter received by Transport for London (TfL) on 4 August 2021, concerning a Penalty Charge Notice (PCN) issued for driving in the Ultra Low Emission Zone (ULEZ ) without a valid charge or exemption.
Your FOI request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require.
Your Subject Access request (SAR) is being dealt with under the Data Protection legislation under a separate cover. However, we are refusing your FOI request under section 14(1) of the Act. This is because we consider that providing the requested information would be significantly burdensome with limited public interest in its disclosure. We consider that answering your request would represent a disproportionate effort and that your request exists solely to place undue pressure on us rather than a legitimate interest in obtaining the information.
The Information Commissioner’s Office (ICO) guidance provides the following examples of a request which may fall under section 14(1): - Imposes a burden by obliging the authority to sift through a substantial volume of information to isolate and extract the relevant details; - Encompasses information which is only of limited value because of the wide scope of the request; - Creates a burden by requiring the authority to spend a considerable amount of time considering any exemptions and redactions.
Our view is that the first and second of these examples apply in this instance.
We believe that the purpose and value of your request is not necessarily obvious, which brings into question whether it is a justified and proportionate use of our time to comply. Whilst we recognise the requested information will be of interest to you, we do not consider that the wider public interest is served by the diversion of resources that would be necessary to answer your request.
There is already an established appeals process for penalty charge notices; which anyone who receives a PCN is advised they may use. We consider that your request represents an inappropriate use of the FOI Act to place undue pressure on TfL to reduce or cancel the original PCN and an attempt to circumvent the appropriate appeals mechanisms.
Please be assured that our application of the section 14 exemption does not reflect a conclusion that it has been your deliberate intention to place an undue burden on TfL, and we will consider any future request for information on its merits and in accordance with the requirements of the FOI Act.
However, in making any future request I would ask that you consider carefully what information is of most importance to you, and to take into account the guidance and advice provided by the ICO such as the “dos and don’ts” published on its website at https://ico.org.uk/your-data-matters/official-information/
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Eva Hextall FOI Case Officer
FOI Case Management Team General Counsel Transport for London
