Fixed Penalty Notice - help please

[Smoking]

Hi, I've just joined to see if anyone can give me advice on fixed penalty notices.

I was given one today for throwing a cig dimp on the floor - wrong I know, I was in a rush. Anyway the council guy was on his own and materialised from nowhere. He approached me inside the reception area of my office block in front of everyone - embarresing especially as my boss was there. Other people were smoking and throwing dimps outside but he completely ignored them.

He then located my office afterwards and asked for my FPN to make an ammendment - he'd put tomorrows date on it, which he corrected.

He also has put on it that I threw the dimp outside the adjacent building, not the one I actually did. He took no pictures that im aware of and was alone.

Is he allowed to approach inside the building, are the errors he made on the FPN ok and is it normal that he approaches the only female and ignores the others who were smoking?

Also and probably the one im most concearned at is the fact that he tracked my office down, I never told him what floor I was on or the name of the company I work for!

Can I appeal this - do I have a case?

Any advice would be appreciated, expecially as I am skint at the moment and payday is after the 14days have elapsed so I am pretty concearned.

Edited December 4, 2009 by Smoking

[saintly_1]

moved to parking/traffic forum

[green_and_mean]

moved to parking/traffic forum

 

Litter is not really a parking issue but will attempt to help any way.

 

The penalty is issued under the Enviromental Protection Act 1990 which makes littering a criminal offence. As with all unlawful acts 'everyone else was doing it' is not a valid excuse to escape prosecution. You can raise the matter with the Council but it is unlikely to invalidate the fine. If the penalty is not paid the Council can prosecute you in Magistrates Court. The fixed penalty is similar in principle to a motoring FPN in that it is an offer to avoid Court by paying the fine if the FPN is incorrect or the details contained are wrong the Council could instead just decide to go to Court anyway, it is not like a Penalty Charge when they only get one bite at giving you a fine.

[Smoking]

Hey there,

Thanks for all your replys, whilst I can understand that 'because everyone else' was doing it is not a valid excuse. My main concearn was the fact the the council guy traced me to my office to make an ammendment on the FPN and the fact that he did not stop anyone else (who were males).

I just thought it was a little strange.

I will grudgingly pay the fine as what I did was wrong, but why single one person out - to make an example?

And again the whole tracing my office down, I work in a sensitive environment and deal with vulnerable adults, I was in the middle of a case interview with one of our clients when he came to the office.

I don't mean to sound like im wingeing, but I couldn't beleive that he had the authority and audacity to do that, I provided him with my home address, Im sure he could of contacted me there.

[PCSTAMPER]

Hi there

 

UNDER NO CIRCUMSTANCES did this council man have the right to enter you place of work and change the ticket!!!!!!

 

I issue traffic and public order tickets on a regular basis and whilst i wear a uniform with a number on my shoulder i will never pursue someone so that i may "Change" a FPN.

 

Do pay the fine as you have commited an offence, however i would certainly have cause for concern on this ticket issuer's authority to pursue you at work for this reason!!!

 

 

S

[Smoking]

I wrote a letter to the council outlining my concearns to which they replied that as the receptionist told the guy where I worked and then my colleague asked him to wait in out little reception area that that was ok.

It also stated that the guy asked me to accompany him to the reception area of the building when he initially stopped me, which is an out and out lie, he stopped me inside the reception area then asked me to take a seat.

Im going to pay the fine tomorrow as the letter stated that the fine still stands, but am not happy with this.

 

Anyway everyone, thanks for your feedback.