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leicesterlad01
Hi All

I need some help on the following FOIA Request, this is the response I got from my Council in relation to Parking Bays in Leicester City Centre.

Hi All

Well a quick update on my case, and parking tickets.

First of all , after my Stage 2 Rejection Complaint, the LGO have now taken my case up against the Council, and will have to wait to here from them.

The TEC, on evidence I have showed have allowed me to issue Witness Statements out of time. This will then be sent to the Council via the TEC and who will no doubt object to it, it will then be sent back to TEC of which a Judge will look at it, make his judgement weather to send the ticket back to its original status.

One of my FOIA requests has come back, and the Council are refusing to issue the documents i want after a Public Interest Meeting see below response.

So I will have to appeal this.

FREEDOM OF INFORMATION ACT 2000
Your request for information has now been considered and the Council’s response to your questions is shown below.
You asked:

1. Under the Freedom of Information Act 2000 I would like copies of any internal communications the council holds with regard to the enforcement of non-prescribed bays and the instructions (including copies of any TSRGD 2002 drawings) given to contractors detailing what 'corrections' are to be undertaken.

The plans / diagrams is information not held by Leicester City Council. The contractor Linkline may hold drawings of individual bays but are not subject to the Freedom of information Act as a private company. Enclosed are regular updates of the bays that were remarked, showing that all bays in the city centre were re-marked as part of the needed city wide maintenance.

Your request for the rest of the information (Internal communications) has now been considered and it is not possible to meet your request. In accordance with the Freedom of Information Act 2000 this letter acts as a Public Interest Refusal Notice because it is considered that the public interest in withholding the information outweighs the public interest in disclosing it. Please note that this letter satisfies the Council’s obligations under Section 17 of the Act.

The exemptions applied are section 31 (Law Enforcement) and section 42 (Legal Professional Privilege). This exemption applies because disclosure under this Act would, or would be likely to, prejudice the assessment or collection of tax or duty or of any imposition of a similar nature and prejudice the administration of justice. It would not be in the public interest to risk any prejudice to a court case. Ensuring the proper administration of justice is of great importance to society and the potential damage to the functions of the Council outweigh the factors in favour of disclosure. Legal Professional Privilege is intended to provide confidentiality between professional legal advisers and clients to ensure openness between them and safeguard access
to fully informed, realistic and frank legal advice, including potential weaknesses and counter-arguments. To disclose legal advice where litigation on the relevant issues is in prospect or may be likely would be unfair to a public authority. The legal advice would reveal the basis of the public authority’s case, while a private opponent not subject to FOIA would not have to reveal their position

2. Under the Data Protection Act I would like details of all PCNs issued to my vehicle(s) including any Parking Attendant or Civil Enforcement Officer notes, and any information the council holds on known signing deficiencies in the areas where my PCN(s) was/were issued.

Any personal data held was sent to you directly from the Parking Team. If you believe that you have not received all of this, please do not hesitate to contact us.

The legislation allows you to use the information supplied for your own personal use. Please be aware that any commercial or other use, for example publication, sale, or redistribution may be a breach of copyright under the Copyright, Designs and Patents Act 1988 as amended unless you obtain the copyright holder's prior permission.

Not all the information that is supplied which is covered by copyright will be the Council's copyright, for example it may be the copyright of a government department or another Council. You should seek either the Council’s consent or their consent as appropriate. The Council is willing to advise you of any such potential issues on request. In order to make a request to re-use the information please contact the Head of Information Governance using the details below.

If you are dissatisfied with the handling of your request please write to:
Head of Information Governance Information Services Leicester City Council, FREEPOST (LE985/33)
New Walk Centre, LEICESTER LE1 6ZG e-mail: FOIA@leicester.gov.uk

Your request for internal review should be submitted within 40 (forty) working days of receipt by you of this response. Any such request received after this time will only be considered at the Council’s absolute discretion.
You can also complain to the Information Commissioner at:

Information Commissioner's Office Wycliffe House Water Lane Wilmslow SK9 5AF
Telephone: 01625 545 700
Information Commissioner's Office - ICO
Fredd
Sorry, but you really can't keep on starting new threads for the same case/subject. Please find the appropriate thread and post again.
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