16 December 2022
Your request
This is a FOI Freedom of Information request for a log of all PCNs generated using the camera at the junction of Cavendish and Hydethorpe Road, enforcing the pedestrian zone on Hydethorpe Road. Please provide a log of all PCNs since the camera was installed.
Please provide a record for each individual PCN issue (no aggregation). Please include these details for each PCN issued
- The time and date of the contravention,
- whether the PCN was challenged and
- if challenged, whether the challenge was upheld
Please provide the data as an Excel file or CSV file, whichever is most convenient.
If it is easier to provide a log of all PCNs issued in Lambeth, with the same information as above and an identifier of the camera / location then please do that.
Our response
Q1 Please see attached spreadsheet
Q2 Please see attached and note that in place of the above term 'upheld', we use the judicial term as 'refused' or 'allowed'
- Allowed = Upheld
- Refused = Not upheld
Q3 Please see attached spreadsheet
Please note that the full PCN reference numbers cannot be provided as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Regulation 13: Personal Data to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose the full reference number of their PCNs as it could cause them to be identified and cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to general PCNs this location; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
This letter represents a Refusal Notice for this request.