Request ID: FOI-2377-2324 Date published: 26 October 2023
You asked
Follow-on from FOI-2050-2324:
I would like to refine my request to ask how many cease-and-desist letters have been issued by Transport for London to brands for improperly using their image for marketing purposes in the last six month period (1 March – 30 September 2023)?
I would like to request a copy of this in a spreadsheet format which includes the name of the brands, the dates of the transgression, and the inventory type that was used.
We answered
Our Ref: FOI-2377-2324
Thank you for your request received on 10 October 2023 asking for further information about misuse of TfL’s brand.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. We do hold the information you require.
Unfortunately, to provide the information you have requested would still exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described.
We have estimated that it would cost over £450 to provide a response to your current request. This is because it is estimated that it would take in excess of 18 working hours to retrieve and compile the information you have requested.
As advised in our previous response, we do not hold a central record of brand infringements and would need to go through multiple records in order to identify, locate, and extract the requested information. We would still need to identify and collate this information from several teams. In any event, as mentioned previously, the information you have requested is commercially sensitive and as such is likely to be withheld on this basis. This would likely be the case for any further requests of this nature.
To help bring the cost of responding to your request within the £450 limit, you may wish to amend the scope of your request. For example, if you requested information on the process we follow in such instances then we may be able to provide some information.
If you want to refine your request or make a FOI request in future, please bear in mind that the FOI Act allows you to request recorded information held by us. You should identify the information that you want as clearly and concisely as you can, specifying the types of document that you are looking for.
Although your request can take the form of a question, rather than a request for specific documents, we do not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request.
Please note that we will not be taking further action until we receive your revised request.
In the meantime, if you have any queries or would like to discuss your request, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
