FOI request detail

London Underground Car Parks

Request ID: FOI-2155-1617
Date published: 18 October 2017

You asked

For clarification I have previously been given a copy of the contract for provision of parking management of the London Underground Car Parks under FOI ref. FOI-0772-1516. I can see from this contract that it would have expired the initial term on 9th May 2014 but that there was allowance for an extension of up to two further years giving an absolute expiry of 9th May 2016. I therefore would like to request the following. 1) A copy of the subsequent contract suitably redacted in line with legislation. 2) A copy of the advert notice and a copy of the award notice for the contract in question 1.

We answered

Thank you for your email received by us on 3 February 2017 asking for copy of the current contract for provision of parking management of the London Underground Car Parks. Please accept my apologies for the considerable delay in responding

Your 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.

Please find attached a copy of the requested contract. Unfortunately, we no longer hold a copy of the notice and award.

In accordance with the FOI Act, we not obliged to supply some of the information contained within the contract as it is subject to a statutory exemption to the right of access to information under section 43(2).

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.

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

Jasmine Howard
FOI Case Officer
Information Governance
Transport For London



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