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Hi, not sure it I am on the right board, but hopefully this will be a quick and painless question. I was stopped on 28 April 2011 by a council enforcement officer for discarding a cigarette butt on the pavement and walking away. He checked my details out by phone having seen my work ID which clearly identifed me, and due to circumstances of where I was stopped and being at work at the time, he stated he would send by FPN for littering in the post. I had no problem with this as I had dropped the cig butt and was big enough to accept the fine. HOWEVER, I have today come home to find the notice and the accompanying letter. Now the date of offence was 28 April and by my reckoning the 14 days to pay expired on 12 May otherwise I could be taken to court! Now the FPN is dated 28/4, the letter with it is dated 12/5 (the fourteenth day) and the letter and FPN were posted from th council offices on 13/5 (day 15) 2nd class post and recieved by me today 16/5 (day 18). The biggest thing is the last line of the letter saying if I pay by 12/5 (14 days from date of issue) this will indicate my intentions (i.e. I have paid it without the prospect of court appearence)......................how the hell do I pay within the allowed 14 days (as shown on the FPN) if the letter sent to me is dated 12/5 enclosing the FPN dated 28/4, and the letter is not posted til day 15 and recieved by me on day 18? is the council out of time or is this a case of pay up regardless. Unforntunately I cannot risk a court appearence due to the work I do as this will be a criminal offence that could cost me my job, BUT if I do not have to pay due to the councils error, then I can keep the fine money of £75........................I might even put this towards giving up smoking! If anyone can advise I would be grateful

Cheers :-)

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Not entirely sure about this, as it is after my time, but the relevant law seems to be this... http://www.legislation.gov.uk/ukpga/1990/43/section/88 now does the period begin when the letter arrived or when you are being told you have to pay by? When dealing with authority look to the law that governs them. if they have broken their procedures then they will be acting outside the law.

 

What job do you do? I doubt very much that breaking this law would result in the loss of your job.

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Not entirely sure about this, as it is after my time, but the relevant law seems to be this... http://www.legislation.gov.uk/ukpga/1990/43/section/88 now does the period begin when the letter arrived or when you are being told you have to pay by? When dealing with authority look to the law that governs them. if they have broken their procedures then they will be acting outside the law.

 

What job do you do? I doubt very much that breaking this law would result in the loss of your job.

 

Hi Papasmurf, thanks for replying, now I am confused as the letter which was dated 12 may said it had to be paid by 12 may which is of course impossible as a) the letter was not posted to me until 13 may and b) i had no reference number to refer to until I got the ticket. As to my job, lets just say that if I get a criminal conviction (which I believe would happen if I ended up at court for not paying this if I have to pay it legally) then in my job that conviction could (yes I have changed the wording) cost me my job if they decided it was gross misconduct, though it appears it may only go down as misconduct.................therefore blackmarking me and stopping me applying for certain roles within my job and having to declare it forever more!Am thinking of just phoning the local council up and posing a hypothetical question to them to see if I can eliicit when the 14 days starts! Lets just see what answer that throws up! If it is from date of receipt of letter it would be better as I will have been paid by then and can afford the bloomin fine!Now wheres me ciggies.............................lolThanks:-)

NB the relevant law appears to say that the fourteen days commences from date of issue of ticket as nothing can be done legally to take me to court etc until the 14 days have passed? or at least that is how I interpret the law.....................

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