Line to take - LTT81 - Parking enforcement
- FOI/EIR: FOI
- Section/Regulation: s31
- Issue: Parking enforcement
- Source: Information Tribunal
- Details: Reith / LBHF
- Related Lines to Take: n/a
- Related Documents: EA/2006/0058
- Contact LA
- Date: 11/11/2007
- Policy Reference LTT81
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
Section 31(1)(a) and (b) do not apply to the decriminalised enforcement of parking restrictions. The relevant exemption will be 31(1)(g) in conjunction with 31(2)(c).
In Reith v The Information Commissioner and London Borough of Hammersmith and Fulham (LBHF) the request was for the Council’s policy relating to the towing of vehicles under parking regulations.
The public authority refused to disclose this information citing s31. The Commissioner found s31(1)(a) prejudice to “the prevention or detection of crime” and s31(1)(b) prejudice to “the apprehension or prosecution of offenders” to be the relevant subsections.
At Tribunal the Commissioner accepted that s31 (1)(a) and (b) did not apply to the decriminalised enforcement of parking restrictions, and that the exemption which pertained was in fact s31(1)(g), prejudice to “the exercise by any public authority of its functions for any of the purpose specified in subsection (2)”, in conjunction with s31(2)(c), “the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise”
The Tribunal was satisfied that the relevant exemption would be s31(1)(g) in conjunction with s31(2)(c).