Fixed Penalty Notice **REDACTED**

Summary

The applicant requested evidence including photographs and emails regarding a disputed parking fine, but the Department of Infrastructure refused the request under the Freedom of Information Act 2015 because the information constitutes absolutely exempt personal data.

Key Facts

• The request was refused as the information is absolutely exempt personal data under Section 25 of the Freedom of Information Act 2015.
• The applicant was advised to contact parkingfines@gov.im or submit a Subject Access Request (SAR) under GDPR to obtain the evidence.
• The dispute concerns a £60 fine issued at 11:59 with a stated disc time of 12:00.
• The applicant claims to have been in Braddan at 11:52 and questions the accuracy of the fine.
• The applicant has the right to request an internal review or appeal to the Information Commissioner if dissatisfied.

Data Disclosed

• 3918987
• 2024-06-18
• 2024-06-19
• 1 July 2024
• 11.59
• 12.00
• 11.52
• £60
• Section 25
• Section 11
• Regulation 43
• Regulation 44

Exemptions Cited

• Section 25: Absolutely exempt personal information (Personal data of which the applicant is the data subject)
• Section 11: Grant of requests for information (Refusal based on exemption)

Original Request

I would like all information, emails, photographs pertaining to the above parking fine. The fine was issued at 11.59 and it states the Disc time was 12.00. My issue with this is I was in Braddan at 11.52. I'm not sure I was even here at these times. I emailed and the infrastructure department is refusing to show me the photographs with time stamps. This is £60 which I don't have. For either a 1 min discrepancy. Or...an incorrect time, Im pretty sure i wasn't here at 11.59. I really need to see the evidence of my van on the road.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 3918987 1 July 2024

Dear ###

This request is being handled under the Freedom of Information Act 2015.

We write further to your request received 18 June 2024, which states:

"I would like all information, emails, photographs pertaining to the above parking fine.
The fine was issued at 11.59 and it states the Disc time was 12.00.
My issue with this is I was in Braddan at 11.52. I'm not sure I was even here at these times. I emailed and the infrastructure department is refusing to show me the photographs with time stamps.
This is £60 which I don't have. For either a 1 min discrepancy. Or...an incorrect time, Im pretty sure i wasn't here at 11.59. I really need to see the evidence of my van on the road."

While our aim is to provide information whenever possible, in this instance, we are unable to process your request as you are requesting information which is absolutely exempt personal information under the Freedom of Information Act 2015.

Under section 25 Absolutely exempt personal information:
(1) Information is absolutely exempt information if it constitutes –
(a) Personal data of which the applicant is the data subject;

Therefore, under Section 11 Grant of requests for information we are refusing your request.

(2) However, a public authority may refuse to give the applicant the information requested if-
(a) The information is absolutely exempt information or qualified exempt information;

However, you may wish to contact parkingfines@gov.im who may be able to help you with your query.

In addition, you may find this link useful which has information regarding on how to challenge a parking fine: https://www.gov.im/categories/travel-traffic-and- motoring/drivers-and-vehicles/parking-tickets/

If you would like the Department of Infrastructure to proceed with your request as if it were a Subject Access Request (“SAR”) for your own personal data, then please confirm that to us. Your SAR will then be processed pursuant to the GDPR & LED Implementing Regulations 2018 (“the Implementing Regulations”), particularly in accordance with Regulation 43 (rights of access of a data subject), and subject to Regulation 44 (any applicable restrictions to access).

Please quote the reference number 3918987 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.