FOI request detail

PCNs - exercise of discretion

Request ID: FOI-2540-2122
Date published: 03 March 2022

You asked

F/on from FOI-2010 Thank you for your response. I am sorry for the delay in reverting to you on this subject but here I am now. I accept there isn't an absolute legal requirement but when the Secretary of State says you should do something, then surely you should? (That is of course but comment and not an FOI request). Anyway, I have come across the attached two documents which show that clearly TfL are conscious of the need to exercise discretion in a consistent manner. Please can you let me have any more recent documents than these ones as the workshop document was produced in March 2019 and the EOPS Schedule in 2013 so may have been supplanted. If the Schedule is on the website somewhere then please send me a link. If there are any similar documents which talk in any way about discretion it would be really helpful of you to provide them. You'll probably treat this as a new request with a 20 day deadline which is fine.

We answered

Our ref: FOI-2540-2122/GH

Thank you for your request received by Transport for London (TfL) on 6 February 2022 asking for information about about PCNs - exercise of discretion.

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.

The regulations allow for TfL to exercise discretion when issuing and administering PCNs.  The attached business rules document outlines the criteria for dealing with representations against penalties including how we exercise discretion.

More generally, we do judge each case individually and the attached are merely internal guidelines.

Please note that in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed from the attached document, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle 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 which would make the processing ‘fair’.

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 attached 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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