I have received a fix penalty notice for depositing a cigarette end out of my car window. I have attached the evidence they have presented to me which I had as being the registered keeper.

The ironic thing is I dont smoke and have not done for 4 years (I now vape instead)

I wish to challange the ticket and I have attached photos of the paper work I have had.

I notice there is also an error on the ticket with the date of issue being October instead of december. I am seeking some advice please.

Many Thanks

Write back saying that i mr x, am the registered keeper of the said vehicle registration xxxxx, but on the date/time noted on the fixed penalty notice was not driving or a passenger of said vehicle. I do not smoke such cigarettes and do not know who was driving said vehicle on the day. Apologise that you are unable to assist with their investigation.

As it is not a parking penalty by Police or local authority and not an endorseable driving penalty, then i don't think you have any legal obligation to advise the name of the driver or whoever might have thrown the fag but out of the window.

I don't think you have any liability as registered keeper, if you are not responsible and they have no evidence it was you.

All they have said it was a male. I was driving the car at the time, but they have not identified me from what I can gather. I only had what the photos show from them.

Ok, so just write back saying that you do not smoke cigarettes and no evidence of any litter from the car has been provided to support the allegation. All they have provided is a photo of the car.

Did they not stop to pick up this fag ?

It might have been a sweet wrapper you accidentally let blow out of the window. I would say that their evidence is not sufficient.

I have no idea what they did. I would have thought taking a picture of it leaving the car would have been a good idea. If I ask for more evidance does that delay the reduced fine or will the time this takes go over that and if they do go to court I would have to pay the much higher amount. Is there a legal set letter I can send.

Your choice.

You either accept the penalty and pay the reduced amount.

Or you send a simple letter ( no template) saying that you don't smoke cigarettes and no evidence of a but has been provided.

They have to assess your letter and decide whether to take further.

I can't see them going to court, unless they have more evidence.

Surely if they had more evidence they should have presented it to me.

Yes if they had it.

They could go to court and just make a statement confirming that they saw the driver throw the butt out of the window, but it was not safe to stop to pick up the butt.

It would then be up to the court to decide.

You would make a statement that you don't smoke cigarettes and did not recall throwing anything out of the window.

Say the civil enforcement officer is mistaken,

I have left him my mobile number so when he calls I will ask him for the evidence and will point out I dont smoke.

See what he says.

He had a clear and unobstructed view...

Boll@x!

From the picture you can see that it's raining and his wipers are not clearing the windscreen.

Tell them to take the matter further if they want, that you don't smoke and you never threw anything out of the window.

In fact, as it was raining your window was probably shut.

These fraudsters infuriate me!

Motorists already pay a massive premium to keep the car on the road and then we are hit with all these extra hidden taxes, first of all having to pay to park the car on a public road.

We already did that with the road tax!!!

Sorry for the rant.

While explaining you don't smoke, I would certainly point out the Date of Issue was two months BEFORE the alleged offence!

Keep it polite, not confrontational.

Yeah I dont want to fall out with the person. Here are the things I am going to outline in my conversation

I dont Smoke I now vape

It was Raining so my window was closed

I am going to ask him to describe the person who was alleged to have thrown it out the window.

Why is there no evidence of anything being thrown other than your word for it.

Don't need to mention that you vape, that's not their business.

In fact I believe that the ceo didn't have enough bookings for the day, saw smoke coming out of your window and booked you.

Is there someone in the know that can write me a template about my case so I know I am quoting the correct legislation as I am useless at these kinda things

Dear Mr jones,

I note the content of your letter dated xx/xx/xxxx.

I dispute your CEO's statement for the following reasons:

1. I do not smoke

2. Nobody apart from me drives my car

3. The ceo claims of having had clear and unobstructed view when in fact I gather from his picture that it was raining and his wipers were not operating thus impairing his view.

4. You have offered no evidence of this alleged offence apart from your CEO's statement and a picture of my car bearing no date and/or time.

5. Your pcn shows the date of issue as 22 october/2016, and the offence date as 22 December /2016. I fail to understand how your ceo predicted in October that two months later I would have committed an offence and he would have been driving behind me.

6. When it rains I keep my windows shut so I don't get wet, therefore I couldn't have thrown anything out of my window.

7. The ceo at no point attempted to gain my attention. Being stationary in traffic he could have approached me, flash his headlights or do anything else to stop me and obtain my details for the purpose of reporting the offence.

I suggest you speak to your CEO again to understand what really occurred.

Should you decide to take this matter further and proceed with a court case, I will defend my position robustly and invoice you for all my expenses and losses.

I will copy this communication and any subsequent one to our local MP (name here) to find out what he/she thinks about a non smoker being wrongly accused of littering and abruptly asked to pay money to your local authority.

Regards

Your name here

He had a clear and unobstructed view...

Boll@x!

From the picture you can see that it's raining and his wipers are not clearing the windscreen.

Tell them to take the matter further if they want, that you don't smoke and you never threw anything out of the window.

In fact, as it was raining your window was probably shut.

These fraudsters infuriate me!

Motorists already pay a massive premium to keep the car on the road and then we are hit with all these extra hidden taxes, first of all having to pay to park the car on a public road.

We already did that with the road tax!!!

Sorry for the rant.

Ignoring your rant.. you do realise theres no such thing as a road tax right?

Also the view from the windscreen in that photo does look pretty clear.

The issue is that its just a photo of a car.

Nothing else.

Add this point:

8. You state that the "fine" is £75. I do not recollect being summoned to court where a fine would be imposed. Are you acting on behalf of HMCS and found me guilty without a fair trial? I find this disturbing and I will enquire with HMCS about your authority to act on their behalf.

Also change pcn to fpn (fixed penalty notice)

And add this last sentence:

Please accept this communication as my formal appeal.

Ignoring your rant.. you do realise theres no such thing as a road tax right? Also the view from the windscreen in that photo does look pretty clear. The issue is that its basically just a photo of a car. Nothing else.

In fact, I don't see anyone throwing a cigarette out of the window.

Don't know where you live, but here in london motorists pay road tax.

Oh, hung on...

It's a vehicle tax!

Tomato... Tometo

no you pay vehicle tax.

and councils can issue FPN's without ref to anyone

SO what does this mean in my case?

twas in relation to the post above that one.

but id not be taking much notice of anything passed post 8 anyway...

dx

SO the letter that King kindly wrote isnt suggested? I am confused a little now

I don't see a problem with Kings letter.

But if you want my honest opinion, the best response letter should be as short and to the point as possible.

You don't smoke cigarettes

There is no evidence anything was thrown out of a window

The picture shows very rainy conditions and no window is open

You are confused by the allegation, as you would not throw anything out of a window.

It is up to those making the allegation to prove it and unless they can do so, i can't see them taking it further. If they do, you go to court and defend yourself. I can't see it would get that far.

I like to wind them up hoping that they take it further but they never did ☹

LOL I am trying to avoid them taking it further. Swansea are well known to go all way with parking fines and penality notices