Free Traffic Legal Advice

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.

No live PCN. SORRY. Flame pit it is. Thank you.

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

Hi. Thanks for your response. You're probably right and I should just drop it. It's just there's so much injustice around, I feel it should be challenged.