FOI request details
Request
Subject: PCN TFL Database
Reference: LBR-FOI-00399
TfL have told me this: TfL's enforcement system has a function within the solution which records the details of each hire agreement accepted for the purposes of transferring PCN liability where a statutory ground of representation is made out. (which I describe as a database).
The database is used to short cut the enforcement process by sending any PCNs incurred during one period of hire (of up to 6 months) to the hirer starting from the second PCN in time. The first PCN is sent to the registered keeper, the hire company, to obtain a copy of the hire agreement (and all PCNs should be treated the same).
My questions to you are:
1 Do you have access to the TfL database either directly or through your PCN enforcement contractor? Please answer yes or no.
2 If the answer to Q1 is yes, how many times did you, or your contractor, access that database in December 2022?
3 Have you created your own similar database? Please answer yes or no.
4 If the answer to Q3 is yes which bodies have access to your database?
5 If you hold a hire agreement, so you think the vehicle is on hire, would you send the second PCN incurred during the currency of a hire agreement to the registered keeper (the hire company) or to the person or company who rented the vehicle. (An example so you are clear about what I am asking. A Mr Smith rents a vehicle from El Cheapo Car Hire from 1 January to 30 May 23. He incurs a moving traffic, bus lane or parking PCN on 1 January. At the relevant time you demand keeper details from DVLA and then send a postal PCN, Enforcement Notice or Notice to Owner, as the case may be, to El Cheapo Car Hire and are sent a copy of the hire agreement in order to transfer liability to Mr Smith. The same vehicle commits another contravention on 1 April 23. To whom would you send the initial Postal PCN, Enforcement Notice or Notice to Owner, as the case may be? El Cheapo Car Hire or Mr Smith as you hold the hire agreement from the earlier contravention so assume it is still on hire and there is no need to bother El Cheapo Car Hire?)
Response
Full Disclosure - 26 January 2023
Request for Information - LBR-FOI-00399 - PCN TFL Database
I refer to your request for information received on 11 January 2023. Please see the information below in response to your request: -
1 Do you have access to the TfL database either directly or through your PCN enforcement contractor? Please answer yes or no.
No.
2 If the answer to Q1 is yes, how many times did you, or your contractor, access that database in December 2022?
NA
3 Have you created your own similar database? Please answer yes or no.
No.
4 If the answer to Q3 is yes which bodies have access to your database?
NA
5 If you hold a hire agreement, so you think the vehicle is on hire, would you send the second PCN incurred during the currency of a hire agreement to the registered keeper (the hire company) or to the person or company who rented the vehicle. (An example so you are clear about what I am asking. A Mr Smith rents a vehicle from El Cheapo Car Hire from 1 January to 30 May 23. He incurs a moving traffic, bus lane or parking PCN on 1 January. At the relevant time you demand keeper details from DVLA and then send a postal PCN, Enforcement Notice or Notice to Owner, as the case may be, to El Cheapo Car Hire and are sent a copy of the hire agreement in order to transfer liability to Mr Smith. The same vehicle commits another contravention on 1 April 23. To whom would you send the initial Postal PCN, Enforcement Notice or Notice to Owner, as the case may be? El Cheapo Car Hire or Mr Smith as you hold the hire agreement from the earlier contravention so assume it is still on hire and there is no need to bother El Cheapo Car Hire?)
The PCN will always be sent to the registered keeper of the vehicle and will only be transferred if a valid hire / lease agreement is provided.
I hope this information meets your needs. If you do not understand the information provided or wish to discuss anything further, please feel free to contact us.
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If you are dissatisfied with the information provided in relation to your request, you may make representations to the Information and Transparency Manager. Any such request for an internal review should be made within 40 days from today's date. Correspondence should be addressed to: foir@richmondandwandsworth.gov.uk
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Regards,
FOI and DPA Officer
foir@richmondandwandsworth.gov.uk
Please note that our responses were accurate to the best of our knowledge at the time of release, and have not subsequently been updated. This information should be considered an historical record only.