FOI Request - Review of FOI 101003623743 Signage at Alice Littler Park

Request 101003637284

Review of FOI 101003623743 Signage at Alice Littler Park

Thank you for the timely response.  
Unfortunately question 3 has not been answered.

For clarity the question was:
“What penalties are in place for contravention of the signs?“
This is a clear and unambiguous question to which I request a clear answer.
Please accept this email as a formal request to review the response to the FoI request referenced.  
The response did not answer accurately who requested the erection of the signage and did not answer in any way a straight question around penalties for contravention.

Also… under FoI regs could you please respond to the following follow up requests.
1. how many “requests” from the public to erect the signage were received ?????

2. were any representative bodies like Comunity councils consulted prior to erecting the signs.

3. as the car park is maintained by Moray council as part of the road network the prime legislation is the road traffic act therefore these signs banning an entire class of vehicle without a TRO could be viewed as illegal.
Was any legal advice sought by moray council prior to their erection ???

Response 04-10-2024

Following your request for a review (our ref: 101003637284) of your Freedom of Information (FOI) Request - Signage at Alice Littler Park 101003623743, a review meeting was held on 23rd September 2024. In attendance were the Information Governance Manager and Data Protection Officer, Open Spaces Manager, Service Manager, Solicitor, and Information Co-ordinator.

Your FOI Request from 16th of August 2024 was discussed.

We reviewed our response of 9th September and looked at your follow-up questions.

Regarding your main point on penalties, it was confirmed that the Council’s original FOI response was given with the intention to encourage responsible use of the car park, by all vehicles, through the use of signage in the first instance and was not targeted, or referenced, potential penalties or enforcement actions. There are currently no penalties for a contravention of the sign the Council intends to pursue. 

With regards your follow-up questions
1. How many requests from the public to erect signs were received?
2. Were any representative bodies like community councils consulted prior to erecting the signs?
3. Was any legal advice sought prior to their erection?

Our responses are:
1. Not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
2. No; however, efforts have been made to address the issue of staycation with representatives of the community
3. No.