litter fixed penalty whilst driving

[boobop]

Hi all,

can anyone help me? I came home today to find a FPN from my local council stating "I have reason to believe you have committed the offence of.... on the above date/time the below vehicle committed the offence of littering by throwing a cigarette out of the drivers side window." offence code P05 which is S87, S88. I have read the environmental protection act and find it all a little confusing. I find it outrageous that they can send me a FPN without even asking if I have littered never mind informing me that my car has littered... I dont believe this is true as im very strickt on not smoking in my car or my house as I have two young chilldren. Also the time of the offence was 14:51 I collect my chilldren at 15:00 and believe they have mistaken the time allthough i dont dispute I was driving along that stretch of road at around 14:45 as to get to school on time (As i do everyday of the week). But im possitive i wasnt smoking or throwing ciggarettes out of my car. And as this is a highly busy 40MPH main rd I find it hard to believe that even if I had (which i didnt!!) thrown a ciggarette butt out of the window how would he have seen this wouldnt it have been to small to recognize??? I believe this is the local council recouping monies lost to them due to these hard times!!!

Ive read that the onus of proof is on them? is this true? Im unsure of exactly the best way to word my reply to them without making things worse for myself.

 

Any comments or suggestions will be greatly appreciated

Many Thanks:-x

[Memnoch]

Hmmm this is a good one, council will only really send a ticket out if a professional witness (Police Officer, PCSO, Warden) has seen the offence first hand. If it is a professional witness that has seen it they will have made a statement to the council. If this is the case, they will probably have other aspects such as a description of the driver, the car and the litter as well as factors such as the side of the vehicle the litter came from etc.

 

Also, they wont have taken down your number plate for no reason, and the fact you were on that particular road at that particular time ..... seems the evidence may not be in your favour.

[diskmandave]

Why have they PCN/FPN'd the KEEPER ? If claiming a criminal offence they have

a legal duty to approach/identify the alleged offender, not just hope that it was the

keeper, and that he/she will cough..

 

How have they identified the keeper as the offender??

 

[2p] Personally, I think this would be better answered on Pepipoo. [/2p]

[boobop]

But i was just driving down this road it may well have came from the cars infront??? first ive heard of this was when i recieved the ticket shouldnt they have more proof than one of there own??? I dont smoke in the car so it couldnt have came from me, yes i no most people will say this but im acctually being genuine! is that really all the proof they need?? one of there own workers believes that i may have caused an offence in my vehicle? id be more than happy to pay this FPN if they could prove this was me as i no it wasnt

Aaaaahhhhh confused im going to have to pay a fine for an offence i truley believe i didnt do?? thats just not fair???

[boobop]

Hey diskmandave, yes im the keeper and thats why they have FPN'd me just becouse im the RK not becouse im the offender!! All they have done is informed me that im the RK of my car, and new to this whats pepipoo????

thanks

[diskmandave]

http://www.pepipoo.com/

[boobop]

thanx i'll take a look

[boobop]

It would seem that this ticket is jus an opportunity for me as the RK to pay up!!! Not asking if i was the person littering!! thanx so much for directing me to this site ive only been looking for a short time but feel i may get the questions i need answered:-)

[dw190]

Here's a thread on P/poo that seems to cover the issue:

http://forums.pepipoo.com/index.php?showtopic=29692

[boobop]

Hey dw190, well i wasnt expecting that!! thaks a million i think i may jus have enough to "stick it to the man". I also noticed in there reply that there reason for voiding the fpn was as the wardon didnt send out a copy of the driver details form. i didnt get that either jus a ticket! dont know if anyone knows but does this stand in nottingham? id hate to look silly:oops:

 

Thanks again uve been a great help:whoo:

[diskmandave]

I see you've found Pepipoo too

[dw190]

i didnt get that either jus a ticket! dont know if anyone knows but does this stand in nottingham? id hate to look silly:oops:

 

 

Unlike certain motoring offences that includes a request under s172 for you identify the driver, the FPN that you have is not covered by any such legislation.