Smoking Fine

Livingthedream

Stigy wrote: »

I'm just confused and concerned a bit here. Was their letter even on headed paper?

Your not the only one stigy, in all my years I've never seen anybody invoiced/fined/prosecuted and not have the ability to reply, whether it's to pay or to appeal? A contact address is paramount in this occassion.

That's why I asked the question to whether this makes the fine invalid?

wallbash

It won't be happening again i assure you, I quit smoking 3 days ago.

It proved to be an expensive habit.

Pay the £105 , if it has stopped you smoking its money very well spent.

Stigy

dazz7400 wrote: »

It has the East Coast Logo printed on the top if that's what you mean.

Its also got a reference number. I guess I'll have to send them a letter tomorrow asking about the payment or call customer services like you said.

Thanks for all your help and I will make sure to post if and when I hear anything back.

:money:

Don't get me wrong, if legitimate, it's perfectly legal, even if the way they've gone about it leaves a bit (lot) to be desired (threatening non-existant FPNs on their website, then demanding £105 as a settlement). It was more than likely security staff acting on behalf of East Coast that reported you for the byelaw breach. I would imagine you were not cautioned, given your intoxicated state (the very fact that you can't remember much just goes to prove you should never caution an incoherent person!).

gardner1

write back and tell them to go forth and multiply

yorkie2

dazz7400 wrote: »

I've just lost my job and there is no way i can afford the full fine in 1 payment, will they accept small installments?

Thanks

But you can afford to smoke?! The mind boggles.

Will you still be able to afford to smoke on job seekers allowance benefits? If so, the benefits are clearly too high and should be reduced.

That aside, here is some advice:

The best way to save money is by not smoking or doing anything to imitate smoking, but if you are addicted to nicotine, you could try an Electronic cigarette, I have heard from people who use them that the initial investment (about £20 I am told) is worth it and it is much cheaper than smoking.

And I would settle out of court. A criminal record would not be good for job prospects! It is difficult to put a value on that!

Livingthedream

yorkie2 wrote: »

But you can afford to smoke?! The mind boggles.

Will you still be able to afford to smoke on job seekers allowance benefits? If so, the benefits are clearly too high and should be reduced.

Yorkie nice advice, but if you read through the thread you would have seen that the OP has given up.

dazz7400 wrote: »

It won't be happening again i assure you, I quit smoking 3 days ago.

It proved to be an expensive habit.

Stigy

Livingthedream wrote: »

Yorkie nice advice, but if you read through the thread you would have seen that the OP has given up.

Yes, but the stress of all this might well prompt a sly fag, and what does one sly fag lead to?:A

Livingthedream

Stigy wrote: »

Yes, but the stress of all this might well prompt a sly fag, and what does one sly fag lead to?:A

I don't know stigy, I used to smoke over 20 a day for 16 year then one day gave up that was 2 years ago.

The first 2 week of giving up are the hardest, we all have our stresses work, family or money but in truth its all down to willpower and in my case patches.

but I do remember the fun I had when I did smoke, when travelling by train with a 5 minute connection at Crewe station, running up the stairs to the outside having a quick tab then back down the stairs as the train pulled in

mrbadexample

Stigy wrote: »

I would imagine you were not cautioned, given your intoxicated state (the very fact that you can't remember much just goes to prove you should never caution an incoherent person!).

Well, if he wasn't cautioned, then surely any "interview" would only count as hearsay evidence?

And if he was cautioned, should he have been? If he was not in a position to be able to properly understand the caution or his rights, or indeed the questioning, should not the interview have taken place at a later date?

Or am I barking up the wrong tree?

As far as I'm aware, if you are suspected of having committed an offence, and someone wants to ask you questions about the alleged offence, you must be cautioned and advised of your rights. I think this is the case whether you are to be prosecuted or issued with a fixed penalty?

The offer of an out of court settlement concerns me too. If it went to court the defendant gets full disclosure of the prosecution's evidence, doesn't he? So does he get the same disclosure before deciding to accept the out of court settlement?

It seems to me that they could have no evidence, or they could have made any amount of procedural errors in reporting the offence, but all they have to do is offer the out of court settlement and hope the accused coughs up? If he declines the settlement, and they've c0cked up somewhere, it wouldn't even get to court.

I'd be inclined to write and say I vaguely remember something happening, but I was drunk so can't be sure, and request the evidence, pocket book notes, record of interview etc.

Someone set me straight if that's not how it works... :whistle:

Snakeeyes21

Stigy wrote: »

Yes, but the stress of all this might well prompt a sly fag, and what does one sly fag lead to?:A

A homoerotic orgy?