FPN letter without a FPN included for something that I didn't even do..please help

[mollies_mum]

Hi,

Im a newbie so hoping this is in the right place.

On Saturday I received a letter through the post from a Community Protection Officer saying that they had seen me throw a cigarette end from my car window the day before. They said that as the registered keeper I am responsible, if I was not the driver then I am to tell them who is. They said that they had issued me with a Fixed penalty notice and that it was enclosed and that I should follow the instructions on this to pay. The problem is that there was no fixed penalty notice included with the letter! Does this make it invalid? Also I did not throw anything out of the window especially a cigarette end as I am 8 months pregnant and have never smoked in my life as all my medical records and maternity records could prove.

So what action can I take, I know that I did not do this and do not want to pay the fine and admit to something that I absolutely did not do. They have the correct car reg and I was travelling down that road at that time but like I said did not do this. It is a busy road and it was raining so I find it hard to believe that this person's eyesight is that good!

Any advice would be greatly appreciated, I want to appeal but don't really know where to start as nothing like this has ever happened to me. The letter doesn't seem very professional at all, it is not on official headed paper and could have been done on any home computer, at first I thought that it was a joke! Now its just a headache that I could do without as I'm due to give birth anyday now.

Thanks

[pin1onu]

We have seen this before. It's not strictly a motoring offense but the same principles apply. A Fixed Penalty Notice is an invitation to pay a penalty amount and no conviction or opt for court and face a criminal conviction if you are found guilty.

 

In court the PCSO would be required to produce evidence of the offense and to satisfy the court "beyond reasonable doubt" that the offense occurred. Given you're pregnant and your medical history I suspect you could call into question the veracity of officers account. Does anyone else use the car and do they smoke? Did you throw anything out the window i.e. not a cigarette but something that could be considered litter

 

At this stage I would query this letter in writing and ask where the FPN is and what legislation it has been issued under. I'm not sure about providing the driver name either. This is a requirement for motoring offenses but I'm not sure about littering. For motoring offenses failure to supply a name is call an S.172 offense and carries 6 points and a fine.

 

This letter sounds like something of a fishing trip to me but others with greater knowledge may be able to shed some light.

[mollies_mum]

Thanks for your reply, no-one else drives my car and I have never thrown any litter out of my car window. Here is a copy of the letter I received:

[pin1onu]

PCSO can issue an FPN by mail.

 

I think your first line of defense should be to write to them informing that FPN was received with their letter so deem that it has not yet been served.

 

I would also include a paragraph informing them of your pregnancy and the fact that you don't smoke and you are prepared to back this up with medical evidence. Suggest that the PCSO was mistaken and given that they have not included the FPN with the letter they should drop the matter. Play up the fact that you at an advanced stage and that you don't really need this sort of stress etc.

 

At worst they will send out the FPN and you can then decide whether to defend or accept it.

 

This article from the Times dated 2008 makes interesting reading especially the paragraph of the guidance from Defra.

 

Under current guidance from Defra councils are advised not to issue fixed penalties for littering from vehicles unless the offender can be positively identified. This is in accordance with section 87 of the Environmental Protection Act 1990.

They were suggesting changes to the Local Government Act to make vehicle owners responsible. I couldn't see if this has been implemented. Someone else may know.

 

Update:

Just did a search on Cag and found this thread. Have a good read through.

Edited August 23, 2010 by pin1onu
updated post with new info.

[lamma]

Typo

 

I think your first line of defense should be to write to them informing that FPN was NOT received with their letter so deem that it has not yet been served.

[mollies_mum]

Thanks for your replies. I have drafted a letter and would appreciate any feedback:

 

WITHOUT PREJUDICE

 

24th August 2010

 

Dear *name*

 

I am writing to you concerning a letter I was sent on 20/08/10 by CPO *name* regarding a Fixed Penalty Notice for allegedly throwing a cigarette end out of a car window.

 

Firstly CPO ** sent a covering letter and a page of notes but no fixed penalty notice with it as stated in their letter. This means that I have not been served with a fixed penalty notice and the correct procedures have not been followed which is a serious error on your part. I understand that you could issue the fixed penalty notice again but you should know that I am prepared to fight this ridiculous allegation in court for a number of reasons outlined below.

 

I think that it is important to point out that I am currently eight months pregnant and have never smoked and can prove this through my medical records and more recently my maternity records in court if necessary.

 

Furthermore, as the Registered Keeper of the vehicle I have not been positively identified as the alleged offender nor do you have sufficient evidence for prosecution as to prove beyond all reasonable doubt that I have committed the alleged offence.

 

As I said before I am prepared to defend this position in court.

 

I therefore wish to appeal this proposed Fixed Penalty Notice and request that it is cancelled immediately. I am due to give birth in early September and am finding this allegation very stressful and unnecessary.

 

I look forward to your prompt response,

 

 

Yours sincerely

 

 

 

*name*

[mollies_mum]

Not sure if I should include 'without prejudce'

[pin1onu]

I would not mention appeal.

 

"I would respectfully request that the FPN is cancelled. "

[lamma]

I agree. you can't 'appeal' an FPN

[mollies_mum]

Thanks everyone, I've amended my letter following your advice. I'm going to post it off today and I'll let you know how I get on. One more thing, who do I address it to? I've read that it shouldn't be the CPO but who is in charge in these places?

Thanks again

[pin1onu]

I would send it recorded delivery to the address indicated at the top of the letter and mark it for the attention of the signatory.