FPN Defence.

[thegooser123]

Hi all,

 

I am after a bit of advice regarding a Fixed Penalty Notice issued to my father from our local council. It was issued to him for smoking in his car (which is a taxi and therefore classed as a smoke free place). It was originally issued for something else (smoking in a bus station) but was changed by the person issuing it.

 

Now the council have no evidence at all other than the original allegation. There is no photographic proof, no video, no cctv and no other witnesses. Just the one statement.

 

As it was on a Sunday, both my father and the "licencing officer" were on a day off. He was sent the original ticket through the post, but as they sent the wrong part, and the wrong details were put on it, the licencing officer knocked on his door, said he had an important document about his taxi licence, then handed him the new one.

 

She didn't know his address so she looked it up on their database of licensed taxi drivers that the council have.

 

In her statement she says that she followed him as he picked up his family and then went shopping. She actually followed him in her car to the supermarket, waited outside while they went shopping, then followed him home until he pulled into a police station. This in total was over an hour and a half.

 

We went to court this month to plead not guilty, and that is where we are at now.

 

He is not entitled to legal aid, and can not afford a solicitor.

 

My questions are as follows:

1. Am I right in saying that the onus is on the council to prove beyond reasonable doubt that he was indeed smoking in his taxi, or have I been watching too many ITV crime dramas.

2. If so can he be found guilty based on just the one statement from the council?

3. Would it be a case of him having to prove his innocence and having to come up with reasons why she would lie?

4. Are there data protection issues with them looking up his home address on their taxi drivers database to issue tickets like these?

5. Is it worth going down the road of asking why she didn't take a snap or two on her camera phone?

 

Any help or advice from people who have had some experience with this would be really useful.

 

Thanks.

[thegooser123]

Sorry, I missed out what I believe is the most important thing: Although he considers himself to be a "social smoker" (the oxymoron of all time) he wasn't smoking in his taxi. He never smokes in cars or indoors.

[WarrenBuffet]

I would be asking for what evidence they have? I would also be reporting her for stalking.

 

But, im sure there will be one of the experts along shortly who can give you guidance on how to tackle this. I do find society shocking sometimes,when some jumped up little facist gets a uniform on it does seem to go to their head.