Request ID: FOI-3076-2324 Date published: 29 November 2023
You asked
The following Information requested under the freedom of information act.
●How many PCN were issued on the 18/10/2023
●How many PCN were issued whilst road works on Clifford Avenue were happening
●How many PCN were issued during the same week back in 2022 when no road works were happening on Clifford avenue. I want this comparison to show what I believe there would have been far less contraventions when there is no road works showing that that poor traffic management of our roads by local authorities and TFL results in more PCN
We answered
Our ref: FOI-3076-2324
Thank you for your request received by Transport for London (TfL) on 06 November 2023 asking for information about Penalty Charge Notices (PCN) issued at a yellow box junction.
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 hold the information you require. However, unfortunately the information is exempt from disclosure under section 31 of the Freedom of Information Act, which can apply where release of information would be likely to prejudice the prevention of crime, or to prejudice the apprehension or prosecution of offenders. This is because the release of this information (or similar information in relation to other areas) would reveal locations where enforcement activity is less likely to be implemented and may therefore encourage people to ignore restrictions at those locations. Whilst we make no suggestion that you would use this information for anything other than your own interest, the disclosure of information under FOI is 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 in your case:
Please note that we recognise that there have been and continue to be various roadworks going on in the SW14 area Current and planned roadworks for Clifford Avenue, SW14 7BS (streetguide.co.uk) with most of these centring around Lower Richmond Road at the south end of Clifford Avenue. The use of temporary traffic lights may be required on surrounding roads to manage traffic and often road works will mean more traffic than usual and delays to journeys, especially during busier times of day such as during rush hours. That said yellow box junctions remain enforceable and it is every drivers responsibility not to enter a box junction unless it can be cleared on the other side.
If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.
Yours sincerely,
Tahsin Prima FOI Case Officer General Counsel Transport for London
