Free Traffic Legal Advice

Thanks for taking the time to respond. I'll think about whether it's worth pursuing with a request for the camera operator instructions but I can't see how they'd ever admit to it publicly. I'm pretty frustrated because I cannot understand the reasoning behind changing the times to 7pm - 7am. The loading bays are 'indented' so don't cause traffic problems on the red route during the day and it's obviously a killer for the many businesses and customers along this stretch. Hardly a tactic to promote 'growth' in the economy!
As for making their response public or not, it seems they would be obliged to make any response to an FOI available in the public domain. This was their full response:
I can confirm that we hold the information you require. However, we are unable to disclose the number of PCNs as 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:

https://ico.org.uk/media/action-weve-taken/decision-notices/2021/2620057/ic-69434-n9n7.pdf

Your interest is much appreciated.

I made the request via the tfl website. “Please send me details of the number of PCNs issued for the loading bay outside 36-38 Tooting High Street, LONDON SW17 for the last 2 years, broken down by quarter or, ideally, by month.”

The reply was: I can confirm that we hold the information you require. However, we are unable to disclose the number of PCNs as 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:

https://ico.org.uk/media/action-weve-taken/decision-notices/2021/2620057/ic-69434-n9n7.pdf

Following on from the very helpful and knowledgeable advice I received on here regarding a change of permissible hours (now 7pm-7am) in a loading bay on a Tfl Red Route, I am now seeing if anyone on here could give me any advice on appealing a FOI request refusal from Tfl. Not sure if this is the right place but I thought I'd try.

Despite the change in hours to 7pm to 7am, there continue to be many, many vans and lorries, (as well as private vehicles) who regularly continue to load and unload to serve the adjacent shops and pubs etc during the day. It would be impossible for them to continue in business otherwise. When I ask the drivers (as I have done many times!) if they have they have ever received a PCN, they always say no and they were unaware of the change in hours.
 
I have started to suspect that the camera operator is only targeting private vehicles or that there is some implicit agreement not to issue PCNs to commercial type vehicles.

I put in a FOI with Tfl asking for a breakdown of the number of tickets issued in these bays for the last 2 years to see if I could ascertain whether this was the case but it has been denied on the basis of public interest and preventing potential offenders from taking advantage of the information.

If anyone has any advice on what to say in an appeal (or whether to even bother), I'd be very grateful. I really don't see why the public shouldn't know how much they're making from these ridiculous restrictions, especially if they are not being administered equitably.

Thank you so much for your help. We succeeded in our appeal and I thought it would be useful to let you know the reasons given by the Adjudicator.

1. The newer restriction came into force on 1 December 2023. However, the sign plate did not reflect the  most recent restriction until after July 2024.

2. The newer sign plate was FACING THE ROAD (apparently these signs should be perpendicular to the road so that the driver can see them as they approach - only the yellow ones should be facing the road). I thought this point would be particularly useful for others to know.

3. Because of Point 2, our view of the sign was obscured by a large high sided Authority refuse truck which was also in the loading bay and we could, therefore, not see the sign.

Thank you again. I definitely feel I can say I’ve loaded/unloaded there between those dates. I’m not sure I trust myself to be able stay all that correctly in front of the solicitor. Do you know if I’m able to swap to a written appeal?

Thank you so much for your patience with me! The Case Summary is 37 pages long! I've attached the first five pages which are the most relevant (the rest is about TSRGD definition of Red Routes and their argument there has been an Error of Law in the Determination of the Panel's decision regarding Regulation 11 and why). If you want the whole lot, I can carry on scanning.

I attach the Traffic Order front page and the relevant page with the parking bay asterisked.

I also attach two photographs they've sent me from the video footage. There was a rubbish truck blocking the sign which I have not yet referred to in my appeal but they mention in the Case Summary that I should have got out the car to read the signs.

I have also now had a response from the Traffic Order section saying the signs came in to force in July 2024 (same as Google Street View date) and that it was published in the London Gazette in September 2023.

Feeling pessimistic.

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Hi

I appealed under The Offence did not occur (see previous post). The hearing is in 2 weeks.
Tried uploading the video but it was too big to go through (12MB). I tried to 'compress' but that didn't work. Sorry, I'm not that technical I know how to solve it.

Hello again.

I have now received the TMO notice from TfL (after 3rd time of emailing!) which I attach. Despite saying enforcement was to be December 2023, the signs had not changed by July 2024 at least. I have asked when the signs were changed but have yet to receive a reply.

I also have the video from Tfl. I don't know how to upload it without showing the registration number which I'd rather not do.It shows me parking in the loading area behind a rubbish truck (which was blocking the sign) and my husband getting out of the car with the bag for the charity shop. My break lights are on throughout as I waited in the car.

Is any of that any help for my appeal? I have a date for the appeal in a couple of weeks.

Most grateful for any advice.

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