Fixed penalty notice.

no-oneknowsme

im asking this question on behalf of a Friend of my Husbands so apologies f details are a bit sketchy.

So , Hubbys friend drives a taxi and works alongside my Hubby.

The Friend has told Hubby that he has received some letters from the local council to say:

1) A council official has witnessed the Friend smoking in his taxi.

2) A council official has witnessed the Friend discarding the cigarette butt out of the car window.

The first set of letters was asking for details of the driver at the time of the offence. The next set of letters , received by the Friend was yesterday (I believe) stating that a file is being prepared for each offence and that a fixed penalty notice will be issued in due course for each offence.

This effectively means that the Friend is about to get hit with 2 non endorsable (he thinks?) FPN's.

His question is this: Are these declarable to his taxi insurers? He intends to pay the fines involved and doesnt intend disputing the case at all.

Hes just not sure if he needs to declare them.

If any other details are needed I can get them from the person involved.

Thanks

phill99

These sound as though they are nothing to do with driving or his vehicle insurance.

It sounds like one is contravening the regulations banning smoking in the workplace (a taxi is classed as a workplace in this instance) one a littering offence. It has nothing to do with a motoring offence.

no-oneknowsme

Phill I suppose what you are saying is correct when you really think about it...

I will pass this onto my Husband who will then pass it to his mate.

Thanks.

forgotmyname

They ask about other convictions. But is a fixed penalty for smoking in the vehicle or litter a conviction?

Is it recorded anywhere? Or paid and filed never to be seen again?

no-oneknowsme

forgotmyname wrote: »

They ask about other convictions. But is a fixed penalty for smoking in the vehicle or litter a conviction?

Is it recorded anywhere? Or paid and filed never to be seen again?

I dont know. I guess thats exactly what he is trying to find out.

sarahg1969

It would be a good idea if he were to post more detail on this on here:

http://forums.pepipoo.com/index.php?showforum=5

no-oneknowsme

Thanks for the link Sarah.

I had read some posts on that site , however , I dont think that the person in question wants to fight the FPN , they know they were wrong in what they did and dont want to cause any more hassle in trying to dispute matters just incase it would go to court.

They are more than willing to accept the fines(s) , it was just a case of whether or not they should inform their insurers they were wanting to inquire about.

spacey2012

How have they got his "friends" details ?
A most bizarre tale.
These FPN fishing expeditions for littering rely solely on self incrimination and the offender providing them with information they have no legal or lawful way of obtaining.
Other than incriminating yourself.
The threat, they "might" take you to court.
If thats all it takes to extract someone's money, then we have had it.
If they could serve a FPN legally, it would be in the envelope.
As it stood, they could not, did not until they knew who to serve it to.

Insurance for hire or reward usually asks for a declaration of FPN for any offence.
Also the Council who issue his licence may well hold him in breech.
A solicitor would have offered a free consultation and some good advice what to do with the fishing letter.
Nothing.

no-oneknowsme

spacey2012 wrote: »

How have they got his "friends" details ?
A most bizarre tale.
.

Firstly , I fail to see why you have felt the need to put the word friends in inverted commas....

Secondly , theres nothing bizarre about the tale at all!

A council official witnessed my Husbands work friend as he drove along the road. The letter came addressed to the friend , it had the car reg on it , it had the date and time , location on it and it also had the name of the taxi company (from the roof sign) on it!

Seeing as there is only one person who drives the vehicle then it wouldnt be too hard to work out who the offender was if the case went to court which is exactly what the person in question is trying to avoid. Why create more hassle than necessary?

getmore4less

can these offences impact the taxi licence issued by the local council

no-oneknowsme

getmore4less wrote: »

can these offences impact the taxi licence issued by the local council

Neither my Husband or his friend know the answer to this.

I guess this is what they are trying to find out.

Google is full of stories of taxi drivers who have been caught smoking in their cab and most of the stories only seem to mention the drivers in question being issued with a FPN . None mention the driver losing their taxi licence.

Some stories are about drivers who fail to respond to the request for information from the council and always end in the driver being taken to court. This is what the man in question is trying to avoid.