Request ID: FOI-1863-2324 Date published: 27 September 2023
You asked
6.9.23 clarification
• Monthly number of PCN's issued and sent out from 2023 April - to current date for the contravention of using a route restricted to certain vehicles that is in Wilton Road / Neathouse Place - bus route
• Total revenue raised from PCN's issued under the "route restricted to certain vehicles that is in Wilton Road / Neathouse Place" from 1st January 2023 to 31st September 2023
• Total number of PCN's submitted to Traffic Enforcement Center at Nottingham County Court Business Center in year 2023 by TfL for Wilton Road / Neathouse Place
We answered
TfL Ref: 1863-2324
Thank you for your clarified request received by us on 6 September 2023 asking for information about PCNs issued at Wilton Road / Neathouse Place.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
I can confirm that we hold the information you require. However, in accordance with the FOI Act, we are not obliged to provide the number of PCNs issued at specific locations, as this information is subject to a statutory exemption to the right of access to information under Section 31 of the FOI Act, which relates to law enforcement. Specifically, we are refusing your request under Section 31(1)(b) and Section 31(1)(g) which relate to information whose disclosure would be likely to prejudice the apprehension or prosecution of offenders or the exercise of functions for the purpose of ascertaining whether any person has failed to comply with the law.
In this instance the exemption has been applied as disclosure of the information you have requested on the number of Penalty charge Notices (PCNs) issued at a specific location, the revenue raised from PCNs, and the number of subsequent appeals made to the Traffic Enforcement Centre 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. Our responses to all three of the questions you have asked would reveal that likelihood. 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
