Free Traffic Legal Advice

Send away.

Got my reply ..

Thank you for your request received by Transport for London (TfL) on 14 November 2024 asking for information about A22 Godstone Road enforcement.

I can confirm that we hold the information you require. However, the information you have requested 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

Please see the attached information sheet for details of your right to appeal.

I reviewed a number of FOI responses before carefully wording my request in line with those responses. They could basically throw this response at every FOI request. I will appeal.

 

Can the prevention of crime exception apply to decriminalised contraventions and enforcement?

It appears the ICO think it can.

'You should interpret the term ‘law enforcement’ broadly. In William Thomas Stevenson v the Information Commissioner and North Lancashire Teaching Primary Care Trust [2013] UKUT 0181 (AAC), the Upper Tribunal commented that:

“it is plain from reading the activities listed in s.31(1) and the purposes specified in s.31(2), that they include activities and purposes which go beyond actual law enforcement in the sense of taking civil or criminal or regulatory proceedings. They include a wide variety of activities which can be regarded as in aid of or related to the enforcement of (i) the criminal law, (ii) any regulatory regime established by statute, (iii) professional and other disciplinary codes, (iv) standards of fitness and competence for acting as a company director or other manager of a corporate body (v) aspects of law relating to charities and their property and (vi) standards of health and safety at work” (paragraph 75).'

My emphasis.

https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/section-31-law-enforcement/

Hi again.

I got my response above on 6th December and there wasn't a time limit to appeal on the attached email notice so I should be ok to send something in the next week?

With reference to the 'law enforcement broadly' highlight above, would it be therefore ok and correct for correspondence purposes to refer to the list of contraventions above as generally 'illegal' or should I split my wording for the various codes? I.e. parking on the pavement is 'illegal', parked in a loading bay without loading is a 'contravention'. I'm looking for one general term if possible to cover all the above codes and i'm leaning towards 'contravention'  .

Thanks in advance.