FOI request detail

YBJ outside Lewisham Fire station

Request ID: FOI-2069-2223
Date published: 01 December 2022

You asked

YBJ outside Lewisham Fire station

We answered

Our ref: FOI-2069-2223/GH

Thank you for your request received by Transport for London (TfL) on 3 November 2022 asking for information about PCN representations.
Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.

For each of the cases where ‘contraventions did not occur’ and ‘mitigation/TfL discretion’ was given as a reason for representations were accepted a summary should be provided of the individual reasons. This is essential to my grounds for representations as it is apparent that my grounds for appeal could have been reflected in previous successful appeals. I understand that all identifying information would be removed from the summaries.

Below is the specific reasoning broken down as requested for accepted representations in these two categories:




 
Reason codeContravention did not occurMitigating circumstancesTotal
A062 - Observed in YBJ - Mitigating Circumstances 011
A056 - Mitigating circumstances. 011
A017 - CCTV Error - Contravention did not Occur404
Total426

In accordance with the FOI Act, we are not obliged to supply the summaries of each representation, 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)(g), which relates to information whose disclosure would be likely to prejudice the exercise by any public authority of its functions.
The release of the requested data could enable drivers who receive a PCN to use the reasons others have cited to avoid paying for PCNs received, rather than presenting the facts concerning their own situation.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance consider that balance lies in favour of withholding the information to ensure that we are able to manage traffic on the TLRN. It would be strongly against the public interest to release any information that would undermine this. It would not be in the public interest to limit TfL’s ability to make the most efficient use of its limited funds in this manner.
I note from your earlier correspondence that no warning signs for the yellow box outside Lewisham Fire Station have been provided for motorists. I have concerns therefore that the primary purpose of the yellow box is revenue generating as opposed to allowing the fire engines safe access to Lewisham High Street (had the primary purpose been to allow access there would have been a prominent warning about the yellow box in a position which would allow motorists to take action). You should therefore provide me with any documents you hold which describe the decision taken not to provide warning about the yellow box outside Lewisham Fire Station. ‘Documents’ should include emails, meeting notes, decision documents, spreadsheets, records of conversations through telephone calls or calls through online meeting systems, etc, involving a durable medium.

We do not hold any relevant documents. The rules of Yellow Box Junctions are part of the Highway Code that every driver is bound to following qualifying for a driving licence. We are therefore not obliged to place signage at every location there is a yellow box.
Using the road - Road junctions (170 to 183) - THE HIGHWAY CODE (highwaycodeuk.co.uk) – section 174 applies
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.

If you are not satisfied with this response please see the enclosed information sheet for details of your right to appeal.

Yours sincerely





Graham Hurt

FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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