- 31 Jan 2019
Date received: 24 January 2019
Date responded: 28 January 2019
How many parking and bus lane fines were successfully appealed in Glasgow in the last 12 months and for what reason were they successful.
Who pays for the adjudicator in these cases and how are they funded.
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
While our aim is to provide information whenever possible, we are unable in this instance to provide some of the information as the Scottish Government does not have the information you have requested. Therefore we are refusing part of your request under the exception at regulation 10(4)(a) of the EIRs. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.
The Scottish Government does not have the information you have requested because the Parking and Bus Lane Tribunal for Scotland has the specific information you are looking for. You may wish to contact the Parking and Bus Lane Tribunal for Scotland by writing to them at:
Parking and Bus Lane Tribunal for Scotland (PBLTS)
The Stamp Office
10 Waterloo Place
Or emailing them at email@example.com as they may be able to help you.
In terms of your second question, local authorities who operate decriminalised parking enforcement (DPE) regimes and bus lane enforcement schemes are required to enter into contracts with the Traffic Commissioner for Scotland who provides for the administration and management of the appeal scheme. Currently 21 local authorities in Scotland, including Glasgow City Council provide a contribution to the administration and management of the appeal scheme for parking or bus lane enforcement fines.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House