Request ID: FOI-4008-2324 Date published: 22 February 2024
You asked
Request for
1, The precise location of the ULEZ camera that photographed xxxxxx re:- PCN xxxxxxx 18/01/2024
2. Provide a clearer image of the vehicle notably the off side rear bumper
3. Provide the number of PCN’s raised from this camera
We answered
TfL Ref: FOI-4008-2324
Thank you for your request received by Transport for London (TfL) on 4th February 2024 asking for information about a ULEZ Penalty Charge Notice. Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy.
Specifically you asked:
“1, The precise location of the ULEZ camera that photographed xxxxxx re:- PCN xxxxxxx 18/01/2024
2. Provide a clearer image of the vehicle notably the off side rear bumper
3. Provide the number of PCN’s raised from this camera”.
I can confirm that we hold some of the information you require.
In relation to Question 2, please note that we do not hold any images other than those already issued with the PCN. We use the clearest images of the vehicle captured over the day to issue the PCN and the rest are deleted.
In relation to Question 1, the information is excepted from release in order to protect the ULEZ enforcement infrastructure from vandalism (noting that release of information under the EIR is considered to be to the world at large rather than the individual applicant). The information is therefore being withheld under Regulations R12(5)(a) – “international relations, defence, national security & public safety” (in this instance specifically public safety); regulation 12(5)(b) – “the course of justice, the ability of a person to receive a fair trial or the ability of the public authority to conduct and inquiry of a criminal or disciplinary nature” (in this instance specifically the course of justice); and regulation 12(5)(e) – “confidentially of commercial or industrial information where such confidentiality is provide by law to protect a legitimate economic interest.” The rationale for this is explained in more detail in a published response to a previous information request which is available on our website here:
This approach has recently been 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:
In relation to Question 3, this information is excepted from release under Regulation 12(5)(g) of the EIR (“protection of the environment”), on the basis that to release the information – either in relation to this location or at other locations – would reveal where enforcement activity is less likely to be implemented, and may therefore encourage people to ignore restrictions at those locations. The aim of the ULEZ scheme is to improve air quality in London by deterring the most polluting vehicles from driving in the zone, and thereby reduce levels of pollutants that have been proven to damage human health through conditions such as asthma and other respiratory illnesses. When information is released under the EIR it is considered to be release to the world at large rather than the individual applicant. Releasing information which would allow a picture of enforcement activity to be revealed would defeat the purpose of the scheme.
The use of this exception is subject to an assessment of the ‘Public Interest Test’, to determine whether the greater public interest rests in applying the exception or in releasing the information in any event. We appreciate the need for openness and transparency in the operation of our business, and the fact that you have requested the information is in itself an argument for release. However, in this instance we believe that the balance of overall public interest rests in ensuring compliance with the ULEZ scheme in order to ensure its objectives can be met. The scheme is designed to improve the environment for everyone in London, and the information that the public need to comply with the scheme - including a map of the area covered and a postcode checker - is proactively published on our website here: https://tfl.gov.uk/modes/driving/ultra-low-emission-zoneFor these reasons we believe the greater public interest rests in the exception applying.
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,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
