Penalty notice

ThatBloke01

First apologies if in wrong thread but it does involve my work van and cannot find where i should post this.

I have been given a fixed penalty notice from Neath and Port Talbot county council.
An Officer has reported me for "throwing a cigarette from my vehicle" whilst parked.
The thing is i dont smoke. To add to this i dont throw anything out of my vehicle window. Everyday i park in this place often taking photos as im an amateur photographer so litter is one thing ihate.
Now ive spoken to said Council via Twitter asking advice on evidence on the offence pointing out i do not smoke.
Ive received a reply claiming "visual evidence is sufficiant and photographic evidence is not needed".

Im really angry about this as the penalty notice was sent to my workplace.
Smoking in the vehicles is a sackable offence. Its fortunate my boss knows i dont smoke. He reckons the officer who served this is "trying to boost the coffers" and " youre just unlucky but if you contest it you will lose in court as you cannot prove your inosence. (Sp)

So what do i do over this?

AdrianC

ThatBloke01 wrote: »

Now ive spoken to said Council via Twitter asking advice on evidence on the offence pointing out i do not smoke.
Ive received a reply claiming "visual evidence is sufficiant and photographic evidence is not needed".

So what do i do over this?

Don't muck about with the PR bunnies via Twitter - there's an appeals process outlined on the ticket. Follow that.

Nodding_Donkey

And if it goes to court it's not up to you to prove you are innocent, it's for them to prove you are guilty.

ThatBloke01

Thats the thing. Im concerned about court...a "trusted" officer of the local council versus me..an outsider.
Just makes me think the Officer will be believed

Ralph-y

thinking of contesting this (and I hope you do)
consider a trip to your doctors and ask him to do a check up on your health and to prove via a blood test that you do not smoke !

Ralph:cool:

marleyboy

Regardless of what the Council said, in this Country you are innocent until PROVEN guilty. Unless there is photographic evidence or witness support to back the claim, its not likely you will be found guilty.

I would back myself up, as has been said, a doctors note stating you are a non smoker will certainly help your case, but you are in no way in a position to have to prove innocence if indeed you are innocent.

uknick

Long thread on Pistonheads about this issue.

http://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1356162&mid=149141&i=140&nmt=Accused+of+Littering+%2D+Utter+Rubbish%21&mid=149141

Last update was in March this year, but unfortunately OP hasn't given the outcome of his appeal.

Rover_Driver

If the FPN was issued under s.88, Enviromental Protection Act 1990, the notice has to be given or sent to the person committing the offence - not just sent to the registered keeper.


s.88 (1)(a) "Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty."


There are no powers for the registered keeper to identify the person.