Dear Essex Police and Crime Commissioner,
I was travelling on the M25 and have received a speeding fine saying I was doing 95 mph, at the time I was behind another car which was going faster than me and when the camera flashed I looked at my speedo and was not doing the said speed. Is it possible that the car in front triggered the camera and as a result I have been charged at their speed. I don't argue that I was going more than 70mph but when I looked at my speedo I was not going at 95.
Please can you give me your opinion as I am somewhat unsure as what to do in regards of requesting more photographic evidence .
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Dear Mr Barker,
Thank you for your email dated 30 November 2015.
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.
Unless exemptions apply, the first duty at Sec 1(1)(a) is to confirm or
deny whether the information specified in a request is held.
The second duty at Sec 1(1)(b) is to disclose information that has been
confirmed as being held. Where exemptions are relied upon s17 of FOIA
requires that we provide the applicant with a notice which: a) states that
fact b) specifies the exemption(s) in question and c) states (if that
would not otherwise be apparent) why the exemption applies.
I have considered your request for information and respond as follows;
The exemption at s8, 1(c) applies as follows:
Request for information.
(1) In this Act any reference to a “request for information” is a
reference to such a request which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
(c) describes the information requested.
The request you have made is asking for advice, which is not recorded
information, and therefore this is not a valid FOI request.
However, we have contacted Essex Police and have been advised that they
can provide photographic evidence on request.
You would need to make a request in writing to the Casualty Reduction
Education and Enforcement Support Team (CREEST) at Billericay or by email,
The relevant contact details will be on the paperwork you have already
I hope this advice is helpful.
Performance and Scrutiny Officer
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