Request ID: FOI-3469-2223 Date published: 12 April 2023
You asked
Dear TFL
Enforcement of Virtual Barrier - junction Dryburgh Road / Upper Richmond Road, Putney, SW15
I would like to submit the following request under FOI regulations to help ascertain how robustly TFL are enforcing the virtual barrier.
1. How many fixed penalty notices were issued between 1 December 2022 and 1 March 2023?
2. What was the total amount of the fixed penalty notices paid for the above dates?
We answered
TfL Ref: 3469-2223
Thank you for your request received by Transport for London (TfL) on 22 March 2023 asking for information about Dryburgh Road / Upper Richmond Road, Virtual Barrier Enforcement.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold some of the information you require. You asked: Enforcement of Virtual Barrier - junction Dryburgh Road / Upper Richmond Road, Putney, SW15 I would like to submit the following request under FOI regulations to help ascertain how robustly TFL are enforcing the virtual barrier.
1. How many fixed penalty notices were issued between 1 December 2022 and 1 March 2023? 2. What was the total amount of the fixed penalty notices paid for the above dates?
For background, TfL enforce the permanent prohibited no right and left turn signs on the road approaching Dryburgh Road (Upper Richmond Road, in both directions). The electronic ‘no entry’ sign is managed by the local borough.
In accordance with the FOI Act, we are not obliged to supply the information you have requested relating to a specific location as it 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)(b), which relates to information whose disclosure would be likely to prejudice the apprehension or prosecution of offenders, and section 31(1)(g), which relates to information whose disclosure would be likely to prejudice the exercise by any public authority of its functions or any of the purpose of ascertaining whether any person has failed to comply with the law.
In this instance the exemption has been applied as disclosure of the information you have requested on the number of fines issued at a specific location would reveal the likelihood of a driver being issued with a fine at that location. The purpose of enforcement cameras is to assist with the safe and smooth flow of traffic on the TfL road network, and TfL has the power to issue PCNs where drivers contravene a range of restrictions on the network. If drivers are aware of how likely (and, by extension, how unlikely) they are to be issued with a PCN then it would encourage non-compliance with those traffic restrictions in the areas that are not covered or are covered to a lesser extent. Whilst we make no suggestion that you would use this information for anything other than you own personal interest, disclosure of this information to you has to be regarded as a disclosure to ‘the public at large’.
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 feel that balance lies in favour of withholding the information to ensure that drivers in London use the roads in compliance with the relevant restrictions, to ensure the safe and effective operation of the road network. It would be strongly against the public interest to release any information that would undermine this.
