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Fixed penalty notice.

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  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    spacey2012 wrote: »
    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.[/QUOTE

    They could easily get his details by looking up his taxi plate number.
    Be Alert..........Britain needs lerts.
  • Happychappy
    Happychappy Posts: 2,937 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 1 January 2013 at 12:17PM
    Hi, just a couple of interesting sites to read up on

    Taxi Driver

    http://en.wikipedia.org/wiki/Smoking_ban_in_England

    If you read the bottom of the fixed penaty ticket under the paymnt part, depending upon which Council and whether Private Hire or Hackney carriage, does it not say

    PART 3: PAYING THE PENALTY
    The amount of the fixed penalty is £200 (two hundred pounds), which must be paid within 29 days of the date
    of issue of this notice, as shown in part 1.

    You can pay a discounted amount of £150 (one hundred and fifty pounds) if you pay within 15 days of the
    date of issue of this notice, as shown in part 1.

    If you choose to pay this penalty, no further action will be taken in respect of the alleged offence described at
    part 1 of this penalty notice. The payment of the penalty involves no admission of guilt and will not result in a
    record of criminal conviction being made against you.


    Payment may be made by completing part 3A below and returning part 3A with payment to the address stated
    on form 3A, or by completing part 3A below and paying in person at the [name and address of enforcement
    authority]. Acceptable methods of payment are cash, cheque, postal order or money order.
    Cheques, postal orders or money orders should be made payable to [name of enforcement authority]. If you
    choose to pay this penalty in cash by post, this must be sent by registered post, and a proof of posting must be
    retained. If you require a receipt for the payment of the penalty, you must ask for one at the time of payment,
    and if paying by post, you must provide a stamped, self-addressed envelope.

    WARNING: LATE PAYMENT WILL NOT BE ACCEPTED. YOU WILL NOT BE SENT A REMINDER

    Hope that heps, but clearly now your friend needs to wake up and smell the fresh air ; ) as this legislation can cost him/her more than someone convicted of beating the crap out of someone and some airy fairy do gooder magistrates or fossil of an incompetent judge imposing a lesser fine than this.

    Regarding the issue of losing his licence, he will not have admitted guilt or been convicted of an offence, so therefore the answer is no, this legislation is intended to alter peoples views on smoking by hitting them in the pocket rather than costing jobs, the seperate issue of Human Rights blah blah blah, will rattle on regardless, I would imagine your friend will now be compliant after the hefty fine or payment he will make, but it wont cost him his job, just us punters a few more quid to pay his contribution ; ) best of luck
  • Happychappy
    Happychappy Posts: 2,937 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    paddedjohn wrote: »
    spacey2012 wrote: »
    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.[/QUOTE

    They could easily get his details by looking up his taxi plate number.

    You need to read up on the legislation, this is no fishing trip, they first confirmed the taxi/private hire was being used by the accredited individual and are now going through a process where the driver if he has any sense will pay up to avoid conviction
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