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Is this standard letter sent out with a postal fixed penalty notice for littering APPROPRIATE? MISLEADING? or LEGAL BULL


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LEISURE & ENVIRONMENTAL SERVICES

 

Dear Mr-----------

 

RE: Environmental Protection Act 1990,S87.

 

Please find enclosed a Fixed Penalty Notice for the offence of depositing litter from your vehicle Registration :- ________

 

Please note if you do not pay the Fixed Penalty Notice under Section 88 of the Environmental Protection Act 1990, you may be taken to court and prosecuted by virtue of S33 (5) of the Environmental Protection Act 1990. "If wast is carried and deposited from a motor vehicle then the person who controls or is in a position to control the use of the vehicle is treated as knowingly causing the waste to be deposited whether or not he gave any instruction for this to be done". This is an offence under S33 (1) of the Environmental Protection Act 1990 and if taken to court and prosecuted the fines are unlimited.

 

If you were not the driver of the vehicle at the time of the offence then pursuant to Section 112 (4) of the Road Traffic Act 1984 I require you (under penalty of prosecution and fines up to £400 for non compliance) to complete and sign the declaration below and return it to me at the above address, within 14 days of this Notice.

 

If the fixed penalty or a completed and signed declaration is not received within the stated 14-day period, legal proceedings will be considered. The maximum fine for the litter offence under S87 of the Environmental Protection Act 1990 is £2500. The maximum fine for an offence under S33 (1) of the Environmental Protection Act 1990 is unlimited.

 

Yours sincerely

 

Ms _________

 

Enforcement Unit

 

 

 

 

Is this standard letter sent out with a postal fixed penalty notice for littering APPROPRIATE? MISLEADING? or LEGAL BULLYBOY TACTICS to make you pay up?

 

Your thoughts appreciated.

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was that the complete contents of the letter (FPN) that you received?

 

s 33(1) concerns hazardous waste, so I don't think that concerns you.

 

anyhooo, it does not state where the alleged offense took place.

 

does it have official headed paper. ie from which council did this come from?

 

'pay the money to me .......' yeah right.

[sIGPIC][/sIGPIC]

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FPN not an issue it was successfully challenged on the grounds I wasn’t there it wasn’t me.

But the article below from local paper suggests that the issuing of this “standard Letter” has mislead at least one innocent person into paying up!

S33) is only relevant to CONTROLED WAST

(S112) is only relevant to ROAD TRAFFIC OFFENCES

There is little information within this letter relevant to (S87) littering. It mislead you into thinking you may be prosecuted for a much more serious offence if you don’t pay up.

 

Fined for passenger’s cigarette

 

Published August 2006

A MOTORIST has blasted Council after he was fined £75 because a PASSENGER in his car threw a cigarette butt out of the window.

------------------------------, was astonished to find a letter from the local authority waiting for him when he got back from holiday.

“I was out of the country on holiday and I got a text from my ex-girlfriend, who I used to live with, saying that a letter had come and I’d been fined.

“I knew I hadn’t done anything to be fined for, so I was quite shocked.

“When I got home I looked at the letter and it clearly stated that a passenger had been seen throwing a cigarette butt from the window of my vehicle.

“How am I supposed to be in control of my vehicle and stop a passenger from throwing something out of the window?

“I went to the council and tried to speak to someone, but I was advised that, under the Environmental Protection Act 1990, as the driver and registered keeper of the vehicle, I am responsible.”

Mr ----------- quickly worked out who his passenger was at the time the butt was seen tumbling from the window by ------- -----, an authorised officer of the council.

“It was my housemate, he accepted that he was to blame for it but he is on incapacity benefit and didn’t have the £75 to pay the fine.

 

 

“We have, eventually, come to an arrangement but it has caused a real strain between us – that isn’t ideal when we have to live together.

“I can’t understand why the council wouldn’t just take his details and take it up with him.

“It just seems bizarre to me that they accept it wasn’t me but fine me anyway, it’s bureaucracy gone barmy.”

 

 

Mr ------- did have the opportunity to appeal the fine, but had he lost the appeal the £75 fine would have been increased, possibly to as much as £2,500.

 

 

“I couldn’t afford to fight it, £75 is a lot of money but £2,500 is unthinkable.

Edited by ekim3951
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