£80 fine for leaving cigarette butt

[montrano]

My girlfriend just received an £80 fine for leaving a cigarette butt on a wall.

They stopped her as she was at a bin putting a 2nd one out and throwing it in there.

 

The notice states she dropped a cigarette on the highway, which doesnt really agree with putting it out and accidentally leaving in on a wall you were sitting on.

Will this give her any sort of defence, or shall we just pay it.

[perplexity]

Will this give her any sort of defence, ...

 

I hope not.

 

Smokers are dangerously stupid, anti social ****.

 

The sooner she dies of cancer, the better.

[patdavies]

Who owns the wall?

 

If it is somebody's private wall (ire a boundary wall) then it has nowt to do with LA busybodies.

[montrano]

Oh, i didnt think of that. It wasnt in the high street, it was behind the shops, down an alley way. I might have to look into it.

Its more the attitude of them I dont agree with, they implied they were going to arrest her and read her the rights, then refused to beleive her real address.

[postggj]

quick question

 

 

these local authority clowns do not have a warrant card

 

so unless they have a police officer in attendance, i take it you can just say sod off to them

 

you are under no obligation to give them your address

 

or is there new legislation giving them such power ??

[perplexity]

Who owns the wall?

If it is somebody's private wall (ire a boundary wall) then it has nowt to do with LA busybodies.

 

 

Wrong.

 

An offence would be prosecuted under Part VI of the Environmental Protection Act 1990

 

“relevant land" within a litter control area of a local authority is designated by the local authority under section 90, and may be any place the public are entitled or permitted to have access, with or without payment.

 

Furthermore,

 

A highway is created either under statutory powers or by dedication (express or implied) by a landowner and acceptance (by use) by the public.

[A Dictionary of Law. by Jonathan Law and Elizabeth A. Martin. Oxford University Press 2009, Oxford University Press.]

 

and

 

A person commits an offence if—

 

(a) he fails to give his name and address when required to do so under subsection (8A) above, or

 

(b) he gives a false or inaccurate name or address in response to a requirement under that subsection.

[section 88(8B)]

[theghost]

Quick search on Google - Hampshires Community Safety Officers

 

Officers have the power to request the name and address of offenders and failure to provide them makes offenders liable to arrest by a police officer. They also have the power to confiscate alcohol and cigarettes from young people who are under-age and can request the removal of abandoned vehicles. In addition officers provide information and direct people to County Council services.

[labrat]

tbh the best advice is not to leave butts behind

 

not that advice your after but they are a nuscence to the rest of us

 

not sure about the powers of your local officers but ours have the power to stop, get addresses, and hand out fines, plus ask for id if they don't believe you

if you refuse or walk off they usually get a call in to cctv to track you and your stopped by the nearest available uniformed officer

[perplexity]

 

The ins and outs of this are not so much of a secret.

 

To find my way to Part VI of the Environmental Protection Act 1990 all I had to do was Google. Local authorities all across the country issue press releases to draw attention to the fact that heavy fines can and will be imposed, with the legal authority explained.

 

Those who would rather believe that a local authority would not be exactly aware of its statutory powers and duties need to reflect on just how dangerously stupid they are to hope so. What the councils would like to do, of course, is completely ban the habit, outdoors as well as in, and if it comes as some sort of a surprise that they would, it goes to show how dangerously stupid you are.

 

It might be wiser not to flaunt the fault in public, but it is not so easy to legislate against ignorance. There is far too much of it about, to hope for that.

[Kraken1]

stop smoking. Save a fortune. Be healthier and have a nice holiday.