fixed penalty for supposedly throwing a cigarette stub

[sunnydee]

Hi everyone I need some of your expert help please, so here goes.

My hubby was standing chatting while in town, he had a cigarette and when finished smoking it stubbed it out and put it in his pocket.

Seconds latter a environment officer issued him with a fixed penalty of £75.00, Hubby asked why, he replied I have just seen you throw the cigarette over the fence. My hubby replied I didn't here it is, and showed him the stub

The officer replied I have you on camera, but would not show the footage.

We have written an appeal letter stating all the above,

What can we do next or what will there next steps be.

Thank you

sunnydee x

[renegadeimp]

Appeal,

[BankFodder]

Send an FOI request for all the details including the footage.

 

Come back here when you find out more

[sunnydee]

Hi

what is a FOI request, is this sent directly to the council.

thank you

sunnydee

[Sidewinder]

Hi

what is a FOI request, is this sent directly to the council.

thank you

sunnydee

 

Yes - it needs to be sent to the Council and is your husband's request to be provided with the relevant CCTV footage. You can ask under the Freedom of Information Act or the Data Protection Act. They may or may not charge a £10 fee for providing this.

 

Google the correct department for your own Council or send the request to the originating department for the charge notice

[sunnydee]

hi

received a letter to day from my local council saying they have receive my request, I need to make a £10.00 payment and show some ID.

They will then forward all information..

SO... does this mean the should send the so called footage.

Thanks

Sunneydee

[Bazooka Boo]

Once you have paid the fee, and provided ID then yes they wil forward the footage.

[ericsbrother]

the annoying thing about this SAR is the council gets £10 for nothing.

I would reiterate to them that the offence didnt occur and your hubby wants the fine cancelled or they provide copy of the evidence that satisfies them that their employee wasnt mistaken bearing in mind he has a witness and physical evidence that there was no offence.

Also, you say that he was accused of throwing the butt over a fence- onto whose land? Doesnt necessarily mean that no offence committed by discarding ciggy butt onto private property but that wouldnt be in the remit of the enforcement officer to issue a PCN

They will have to make to footage available before the matter goes to trial and I bet that the tape will start and finish at times that do not include the conversation with the EO. The time stamp of the next bit of footage will show how much has been chopped. I am all for the police and these EO's wearing body cameras as long as they have no control over when the filming starts and stops. It makes a massive difference t the behaviour of all of the parties when they know that the tape cannot be edited by the wearer.

[Bazooka Boo]

Exactly why I wear one on my day sack when I'm out and about.