trafford council littering

catgorm

I Have recieved a letter from trafford asking me for the passenger details of a female who alledgedly threw a cig but out of my car, as i do not allow anyone to smoke in my car i cannot see how this occured, the only thing i can think of is someone who i was speaking to outside my car, as i am on this particular street daily, it could of been anyone of at least 20 people, it happened nearly two weeks ago, i cannot remember what i did yesterday let alone 2 weeks ago at a certain time, i was going to write and ask for photo proof,
does anyone have any idea what to do, as this is worrying me, how can i send them details of what or whom if i am not sure, do i reply or ignore, i dont want to end up in court or with a fine myself,

especially as on this street in the last two years, i have had £500 worth of damage done to my cars, and the cctv that was virtually next to it didnt show anything as it was not pointed in that direction, so no help of them at all. although it states in the letter it was witnessed by some officer, is this a money making ploy,

Any help would be helpful, thanks

Coupon-mad

They don't know who it was and neither do you so this is a speculative letter which I think will go nowhere.

You do need to reply though - I wouldn't ask for evidence, I would just answer their question. Just tell them what you have told us, in particular that no-one smokes in your car and you honestly have no idea about this allegation.

vax2002

Coupon-mad wrote: »

You do need to reply though -.

No you do not, you have a right to silence.
In this instance that is your best defence.

Coupon-mad

vax2002 wrote: »

No you do not, you have a right to silence.
In this instance that is your best defence.

OK, fair enough, but will there be more random letters from the Council if he doesn't answer?

HO87

Is this a straightforward - though arm-chancing - request for information or are the council attempting to throw a statutory power to make such a requirement into the mix, Environment Protection Act, perhaps?

robredz

Coupon-mad wrote: »

OK, fair enough, but will there be more random letters from the Council if he doesn't answer?

Including threats to regard RK as offender summons them at magistrates court for an "Environmental Crime" fine them and if the fine isn't paid send in bailiffs..... I don't know if a Statutory declaration that Op doesn't know who dropped the litter aka a dog-end would get them off their back.

robredz

HO87 wrote: »

Is this a straightforward - though arm-chancing - request for information or are the council attempting to throw a statutory power to make such a requirement into the mix, Environment Protection Act, perhaps?

Is there a statutory obligation in Trafford bye laws akin to requirement for RK to name the offender or be prosecuted themselves for the offence, like under S172 RTA, for speeding scamera ticket?

The UK is getting more like a dictatorship daily. Ausweiss Bitte

catgorm

Thanks for all the replies, i have drafted a letter, an will debate on sending it as dont want the stress of waiting if i dont reply,

in short i have said i dont smoke in car, which is true i dont no who the alledged person is as i park there daily, and to sent proof, as i dont no what they on about and that if an incident did happen near my car if i was speaking to someone it should of been dealt with there and then instead of hounding me and expecting me to police what the trafford officer should have been doing, its their job not mine, and that i felt they was intimidating me

Coblcris

robredz wrote: »

Including threats to regard RK as offender summons them at magistrates court for an "Environmental Crime" fine them and if the fine isn't paid send in bailiffs..... I don't know if a Statutory declaration that Op doesn't know who dropped the litter aka a dog-end would get them off their back.

No and there is no need.
Trafford is known for what some may call its 'creative streak'.

We need to know what regulations they reference in their missive.

peter_the_piper

catgorm wrote: »

Thanks for all the replies, i have drafted a letter, an will debate on sending it as dont want the stress of waiting if i dont reply,

in short i have said i dont smoke in car, which is true i dont no who the alledged person is as i park there daily, and to sent proof, as i dont no what they on about and that if an incident did happen near my car if i was speaking to someone it should of been dealt with there and then instead of hounding me and expecting me to police what the trafford officer should have been doing, its their job not mine, and that i felt they was intimidating me

Might pay to check on pepipoo.com and run the letter through them first.

catgorm

they are quoting;
section 87- enviromental protection act 1990
section 18- clan neighbourhoods and enviroment act 2005

the offender is required to provide her name and address and under section 88 (8a, 8b and 8 c) of the enviro protection act 1990 amended by sec 19 of the clean neibourhood and eviro act 200d commits an offence if she fails to do so, carries a max fine of £1000

there for it is necessary for you to provide the offender details in writing in 14 days of date of this letter

thanks