Court summons for littering

[Gizmo2016]

Hi - hope someone can give me any guidance.

 

Back in December I was stopped by an officer and given a ticket for littering. When I was asked for my address (not "home" address), I gave my work address for the simple reason that where I was working was 100 miles from where I lived. The council had my home address connected to my work address anyway so there was no attempt to deceive.

 

3 weeks later I left that employer completely, due to the 50+ hours I was working each week plus travel, and frankly my head was up the proverbial when the officer stopped me and it went completely out of my head.

 

10 days ago my old employer contacted me to say I had received a court summons. I then contacted the council, offering there and then to pay the fine, but they said it was too late for that and forwarded me the court papers.

 

My first question is simple - on the assumption that I am found, or plead, guilty, is that a criminal conviction that I have to disclose to my employer, and will it be picked up on a DBS check? Either would probably mean me losing my job, all for a fag butt that wasn't even a fag butt.......

 

My second question is whether there is any basis for actually pleading not guilty? Its really based on 2 areas - firstly that this was a roll-up, from which I removed the filter (as I actually do by habit) and put down the drain (which I said to the officer at the time). Many people don't see the moral difference but there IS one - filters aren't bio-degradable and hang around for years whereas without it, its just a very small amount of plant material that would be degraded within a few days. That said, it probably legally still constitutes litter.

 

The other point is that I am 90% certain I was never asked for HOME address, was never asked for ID to cross-check, and never asked if this was where I lived. If any of this had been done I would have given my home address and, on the first reminder, would have paid. Around this point there is some "inaccuracies" shall we say in the officers report. Which can be disproved in the event of a not guilty plea.

 

I don't want to be one of those people who "gets off" on a technicality but neither do I want a criminal conviction and lose my job - all over a cigarette.

 

Any help gratefully received

[steampowered]

Hello - what does the court summons say please? Have you been prosecuted by the council and required to attend a hearing?

[Gizmo2016]

It contains a court summons from a magistrates court and yes to both questions. It might be worth noting that, as soon as I received the email from my old boss, I emailed the council to say I would be happy to pay the fine to make the issue go away but they said no and posted me the court papers which arrived today - but it seems non-sensical to me that I am willing to pay rather than risk the outcome and clog up the courts time....

[Guest]

Back in December I was stopped by an officer and given a ticket for littering...

presume then you got a fixed penalty notice (which wld show the 'offence' details and amount to pay etc), and you didnt subsequently pay it, or appeal it?

[Gizmo2016]

Yes I did - as I explained in my original post, the reasons weren't mentioned as justification, just as explanation - at the end of the day I should have done SOMETHING (although there is no appeal to a littering fine) but like I said it simply went missed amongst the pressure of my then job. I have never been one of those "ignore it and hope it goes away" sort of people, which is why I've never had a court summons before.

 

My priority is not to have a criminal conviction- Littering IS a blight on communities, but potentially having a criminal conviction and losing my new job over it is frankly unequal to what I actually did. IMHO.

[Guest]

ok. was asking about procedure, as if thats not quite right then there cld be a technical way out. but, it all seems in order in yr case (the address 'tie up' issue you mentioned prob wont wash, as they used the address you gave. (if your ex employer hadnt contacted you, you prob wld've been found guilty in absence. bailiffs then in, who wld've found you eventually.).

you cld try going back to the council, offering the fine and costs see if they wld withdraw.

[Gizmo2016]

Many thanks for that - I will indeed go back to the council with that, maybe even offer a donation to charity as well with a cherry on top.

[Guest]

OOI, how wld a littering 'conviction' affect your job/dbs? dont have to answer, just asking.

[Gizmo2016]

That was the question I asked - there is a strong possibility it could cost me my job, for reasons I can't go into here (the nature of the job).

[Old Cogger]

Paper chase event??????? no not get away with that these days - they probably would not know what that was!

[Gizmo2016]

Not sure what you mean?

[Old Cogger]

Sport = Paper chase event across country run following a trail of paper????

 

 

they probably would not know what that was! as you! sorry not a fact in your case - just a comment etc

[Guest]

That was the question I asked - there is a strong possibility it could cost me my job, for reasons I can't go into here (the nature of the job).

ok, fair enough. it might though be difficult for anyone to comment on it without further details.

there are no doubt some people legitimately working in certain professions who have a previous conviction, prob worse than littering! depends on the work, and the type of conviction.

if it is really serious for you, suggest seeing a solicitor in the know.