- 20 Jul 2017
FOI reference: FOI/17/01464
Date received: 28 June 2017
Date responded: 13 July 2017
"I am currently in the dispute with Bear Scotland regarding some damage to my car caused, I believe, by damaged road surface for which they are responsible. What I wanted to know was:
when were these repairs carried out
was the timing of this in accordance with some pre-arranged schedule and, if so, when was that schedule put in place? Or were these repairs instigated by some other cause, in which case what?
As the information you have requested in '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 this 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.
In response to part (a) of your request, I can confirm that the repairs were carried out by our operating company , BEAR Scotland on 14 February 2017. Photographs of the repair and a location map have been provided in Annex A of this letter.
In response to part (b) of your request, the repair was not in accordance with a pre-arranged schedule. The defect was reported through Bear Scotland's Customer Care Line on 14 February 2017 and attended to in accordance with BEAR's contractual obligations.
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