Council street parking offence

[anonymouse123]

Hello,

 

Received PCN a few days ago from Leicester City Council. Penalty is £25/£50 after 14 days.

 

Wondering if I ignore it will it disappear?

 

Don't want to give too many more details just in case. Thanks

[crem]

A council PCN won't disappear, no. You need to deal with it.

 

If you think there could be a problem with it you had better be a bit more forthcoming with some info.

[green_and_mean]

Hello,

 

Wondering if I ignore it will it disappear?

 

 

The only thing likely to disappear is your car!!

[anonymouse123]

OK have appealed on the grounds that the road markings are non-compliant (broken double yellows and missing t-bar). Requested under FOI act certain information - or cancel the penalty notice.

 

Reply received stating information will be given within 20 day statutory period, possibly subject to fee.

 

What should I do? This would take me beyond the 14-day discount period. If anyone wants pictures to see whether I have a case or not, PM me and I will send them to you.

 

Thanks

[raydetinu]

once the ticket is dispute the ticket will be abeyance and the discount period extended, but check with council.

[crem]

why would there be a fee for a freedom of information request?

[green_and_mean]

why would there be a fee for a freedom of information request?

 

Because under the FOI Act a fee may be charged if a lot of work is involved cannot remember the exact wording though.

[crem]

I thought if a lot of work was involved they could refuse the request on that basis. I didn't know they could set a fee for it.

[patdavies]

FoI Act 2000 s.9(1)

 

9 Fees

 

(1) A public authority to whom a request for information is made may, within the period for complying with section 1(1), give the applicant a notice in writing (in this Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for complying with section 1(1).

 

A public authority may thus charge fees.

 

FoI 2000 s.12

 

12 Exemption where cost of compliance exceeds appropriate limit

 

(1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.

(2) Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.

(3) In subsections (1) and (2) “the appropriate limit” means such amount as may be prescribed, and different amounts may be prescribed in relation to different cases.

(4) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, where two or more requests for information are made to a public authority—

(a) by one person, or

(b) by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign,

the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.

(5) The Secretary of State may by regulations make provision for the purposes of this section as to the costs to be estimated and as to the manner in which they are to be estimated.

 

So if the cost of compliance exceeds a limit set by the SoS, then there is a statutory exemption to complying. The appropriate limit is current set by regulation at £600 for a Council