FPNs re misrepresented number plates 318/2024
FOI Reference: 318/2024
Request:
I would like to know the number of Fixed Penalty Notices issued and prosecutions relating to misrepresented number plates in the years 2020, 2021, 2022, 2023 within the jurisdiction of Dyfed-Powys Police.
Clarification sought on 19/03/2024
Do you wish to know the number of individuals stopped by an officer and issued with a conditional offer which consists of a fine?
we note that you have asked for data regarding prosecutions. Do you wish to know the number of individuals stopped by an officer and issued with a conditional offer, the number of individuals stopped by an officer and found guilty at court or both?
Clarification sought on 19/03/2024
I would like to know both the number of individuals stopped by an office and handed a conditional offer which consists of a fine and the number of individuals stopped by an officer and found guilty at court.
Response
Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held.
I can confirm that the following information is held:
Figures for the number of individuals stopped by an officer and issued with a conditional offer
2020 – 184
2021 – 199
2022 – 140
Up to May 2023 - 22
Figures for the number of individuals stopped by an officer and found guilty at court
2020 – 38
2021 – 40
2022 – 36
Up to May 2023 - 16
Enquiries have also been made with the Traffic department to establish whether they hold any further information. We are advised that it would exceed the appropriate limit to determine whether any further information is held. Please see below the relevant refusal notice.
I can confirm that the cost of determining whether any information relative to this request is or isn’t held is above the amount to which we are legally required to respond therefore we are withholding the whole of the requested information since we consider that the Section 12 (2) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.
Where exemptions are relied upon Section 17 of the Freedom of Information Act 2000 requires Dyfed Powys Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. The following exemption has been applied to the whole of the information you have requested:
Section 12(2) – The cost of compliance exceeds the Appropriate Limit
Section 12(2) states: “…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.”
The cost of determining what information is held, if any, relevant to your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum of 184.25 hours) to comply with your request. The regulations can be located @ www.legislation.gov.uk/uksi/2004/3244
The Freedom of Information department has been advised that some of the information in respect of your request is not held in an easily retrievable format. In light of this and in order to accurately obtain the information relative to your request for the time frame stipulated it would involve Dyfed Powys Police accessing and reviewing 2211 records, for data held between 1 May 2023 – 31st December 2023.
It has been established that there are a total of 2211 files that cover the period of your request, that would take a minimum of 5 minutes, to review each traffic offence report, to see if the person was issued a conditional offer or was found guilty at court for the offence specified.
The process outlined results in the below time estimate.
2211 files x 5 minutes = 184.25 hours
Time estimate to complete task = 184.25 hours
In accordance therefore with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the Whole of this request, under Section 17(5). A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.
You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit. Please also be advised that should the request be refined, it does not remove the public authorities right to cite exemptions if relevant.
(This is a response under the Freedom of Information Act 2000 and disclosed on 02/08/2024)