Refund of speeding fines

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

-----Original Message-----
From: dennis fallon [mailto:[FOI #24628 email]]
Sent: 14 December 2009 01:24
To: FOI
Subject: Freedom of Information request - Refund of speeding fines

Dear Essex Police,I have been reading an article in the Daily Mail
dated 26th June 2009 which states that up to 20 million pounds of
fines may have to be refunded due to a failure by the Chief
Constable to issue proper authority.The article may be read at
www.dailymail.co.uk/news/article-1195445...
Under FOI I would appreciate knowing the outcome of this
issue.POINT ONE.Please confirm the name of the Chief Constable in
June 2009.POINT TWO.Please confirm the number of speeding offences
and points which have been refunded as a result of this
incident.POINT THREE.Please confirm if there was any successful
legal argument provided against the allegation of failure to issue
delegation, and advise where and when this was debated in
Court.POINT FOUR.Please advise if the issue is legally still
outstanding and being taken to a higher court.These points are
obviously an issue of public concern but there seems to be no media
followup.I do not mind a simple written reply to each query raised,
but if possible supporting documentation may be provided as pdf
attachment.

Yours faithfully,Dennis Fallon

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Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference. Having completed my enquiries I am able to respond.

The issue was around the legality of the Section 20 notices, not the refund of fines and the answers to your questions are as follows:

I have been reading an article in the Daily Mail dated 26th June 2009 which states that up to 20 million pounds of fines may have to be refunded due to a failure by the Chief Constable to issue proper authority. The article may be read at <file://www.dailymail.co.uk/news/article-1195445/Police-force-set-pay-50million-speeding-fines-bureaucratic-blunder.html> www.dailymail.co.uk/news/article-1195445...

Under FOI I would appreciate knowing the outcome of this issue.

1. Please confirm the name of the Chief Constable in June 2009.

The Temporary Chief Constable for Essex in June was Mr Andy Bliss. The previous Chief Constable Mr Roger Baker retired on the 5th July and the current Chief Constable Mr Barker McCardle started on the 8th September.

2. Please confirm the number of speeding offences and points which have been refunded as a result of this incident.

None

3. Please confirm if there was any successful legal argument provided against the allegation of failure to issue delegation, and advise where and when this was debated in Court.

None

4. Please advise if the issue is legally still outstanding and being taken to a higher court.

No

I hope the information provided is of use.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: s <mailto:[email address]> [email address]
Website: <http://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to the Senior Information Officer at the above address.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

-----Original Message-----
From: Steve Grayton On Behalf Of FOI
Sent: 14 December 2009 09:03
To: 'dennis fallon'
Subject: RE: FOI request our ref. 2557 - Refund of speeding fines [NOT PROTECTIVELY MARKED]

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: <file://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

show quoted sections

Classification: NOT PROTECTIVELY MARKED

Mr Fallon
In answer to your enquiry I can refer you to comments from an earlier reply on this issue. A query was raised around the legality of the Section 20 notices, not the refund of fines and the statement as follows summarises the situation:

Spokeswoman Donna Veasey said: "Essex Police has examined the issues surrounding the Section 20 certificates and taken counsel's advice. Essex Police is content its procedures are lawful and appropriate, and will robustly defend any challenge on this issue".

And

Newspapers have reported Essex Police has said, "in the wake of the investigation, the force is confident the necessary procedures were followed to ensure the fines were legal".

As advised in my reply no legal challenges were made and there is nothing further I can add under FOI.

I hope this answers your questions.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

-----Original Message-----
From: dennis fallon [mailto:[FOI #24628 email]]
Sent: 16 December 2009 12:59
To: Steve Grayton
Subject: Re: Freedom of Information request - Refund of speeding fines

Dear Steve Grayton,Thank you for your prompt reply.As an ordinary
member of the public I find a lot of `stories` printed in the Daily
Mail to be greatly exaggerated.Just to conclude my request please
confirm 1.If there was a REAL issue of concern regarding the
absence of signed authority? 2.If there was a real issue how was it
resolved, was a legal decision made, what was the decision and who
made the decision?As no refunds were made there was obviously no
real story, so I do get annoyed when `newspapers` make up these
articles.

Yours sincerely,

dennis fallon

-----Original Message-----

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above
reference. Having completed my enquiries I am able to respond.

The issue was around the legality of the Section 20 notices, not
the refund of fines and the answers to your questions are as
follows:

I have been reading an article in the Daily Mail dated 26th June
2009 which states that up to 20 million pounds of fines may have to
be refunded due to a failure by the Chief Constable to issue proper
authority. The article may be read at
<file://www.dailymail.co.uk/news/article-1195445/Police-force-set-pay-50million-speeding-fines-bureaucratic-blunder.html>

www.dailymail.co.uk/news/article-1195445...

Under FOI I would appreciate knowing the outcome of this issue.

1. Please confirm the name of the Chief Constable in June 2009.

The Temporary Chief Constable for Essex in June was Mr Andy Bliss.
The previous Chief Constable Mr Roger Baker retired on the 5th July
and the current Chief Constable Mr Barker McCardle started on the
8th September.

2. Please confirm the number of speeding offences and points which
have been refunded as a result of this incident.

None

3. Please confirm if there was any successful legal argument
provided against the allegation of failure to issue delegation, and
advise where and when this was debated in Court.

None

4. Please advise if the issue is legally still outstanding and
being taken to a higher court.

No

I hope the information provided is of use.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: s <<<mailto:[email address]>>> [email address]
Website: <http://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

If you are dissatisfied with the handling of your request, you have
the right to ask for an internal review. Internal review requests
should be submitted within two months of the date of receipt of the
response to your original request and should be addressed to the
Senior Information Officer at the above address.

If you are not content with the outcome of the internal review, you
have the right to apply directly to the Information Commissioner
for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF

-----Original Message-----
From: Steve Grayton On Behalf Of FOI
Sent: 14 December 2009 09:03
To: 'dennis fallon'
Subject: RE: FOI request our ref. 2557 - Refund of speeding fines
[NOT PROTECTIVELY MARKED]

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply
within 20 working days but given the current very high number of
requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies
for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: <file://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

show quoted sections