council littering fine

dithedancer

im not a happy bunny at the moment. last week a man from the council called at my house, i wasn't in, but he left a card asking me to phone him. i gave him a ring when i got home from work and was told that an envelope containing an invoice with my name and address on it had been found in the multi-story car park and that it is classed as littering . i have not been in the car park for about 18 month and certainly would not drop anything with my personel details purposely in the street. i either burn, shred or take it to the dumpit site. the only way i can think of is that by accident it as got caught up with my recycling and been stolen out of my paper bag. come to think of it there was a lad wandering about one collection day looking at the recycle bins but walked off when he saw me but if he was challenged i would just get the usual answer of looking for scrap. there as been a lot of people been fined in my town so it looks like im going to be fined for someone elses theft.

Esoog

Sounds strange to me, I would personally assume that someone would have to actually witness you littering to fine you?? I'm all for littering fines I really am but this is a bit strange, I'm sure you can fight this bad boy.

I may of course be wrong..

Freddie_Snowbits

Another waste opf Council tax payers money. Call the Daily Mail

dithedancer

he cant prove it was me because i have not been any where near the place in ages also i cant prove otherwise. i was telling a neighbour about it and she said she was accused of fly tipping because a bag of her post was found on some waste ground nearby, prescriptions unopened envelopes etc but i dont know weather i would put it past her. she said she got a verbal warning because it was her first offence but her name is now on record. any way hes coming to see me on wednesday to have a word.

antrobus

dithedancer wrote: »

i gave him a ring when i got home from work and was told that an envelope containing an invoice with my name and address on it had been found in the multi-story car park and that it is classed as littering.

Does the envelope feature a postmark which shows it has been delivered? If not, then responsibility would lie with whoever produced the invoice. If it does, then maybe there is a light-fingered and/or lazy postie about.

peter_the_piper

Try posting here http://forums.pepipoo.com/index.php?act=SF&s=&f=22 I know its a motoring forum but they have lots of knowledgeable people and have helped on this sort of thing before. Nothing to lose

dithedancer

i don't know whats on the envelope till he brings "the evidence" on Wednesday. i'll look at that site thanks peter. i'll probably pay the fine though as i haven't got the money to pay for legal advice.

pinkshoes

Surely he needs evidence of you actually dumping it there?? Or your fingerprints on it? (Don't touch it!!!!)

Otherwise I would print out a fake invoice of HIS details on, dump it in the street, and call the council to let them know that this individual has been littering, and insist they take it further.

Esoog

dithedancer wrote: »

he cant prove it was me because i have not been any where near the place in ages also i cant prove otherwise. i was telling a neighbour about it and she said she was accused of fly tipping because a bag of her post was found on some waste ground nearby, prescriptions unopened envelopes etc but i dont know weather i would put it past her. she said she got a verbal warning because it was her first offence but her name is now on record. any way hes coming to see me on wednesday to have a word.

I dont know if you've ever seen it, but there's a program on BBC1 during the day (not often I get to see it it thats for sure) where council types go round chasing fly tippers. One of the ways they identify people is by looking for addresses like this - however one envelope in a car park is slightly different! I'd like to see them try and take you to court for it; the Judge would laugh them out of the place.

I suggest you don't pay anything and explain to him just how silly this situation is - don't let him intimidate you or anything, just explain to him that its quite ridiculous and that there's no-way he can prove its you

You shouldn't pay unless you're guilty.

Esoog

I got this from belfast council, I would assume its the same process for you;

Appeals

If you want to appeal the fixed penalty fine you need to:

• write to us within two weeks of the fine being issued
• quote the fixed penalty notice reference number (located in the top right corner)
• send it to us, at the address below.

We will review your case if you feel a mistake has been made.
A decision will be made and if you are successful you will not be required to pay the penalty.

However, if you are unsuccessful you must pay the fine immediately.
---

In my opinion, no-one in their right mind could possibly decide against you if you appealed!

dithedancer

ill see what he has to say and let you know the outcome for futher reference, in case this is a council moneymaking thing as you know councils have got to cut back and maybe this is their way to make any money.