Fixed Penalty Notice!

Plantation7

A man was filming me today whilst i was sitting in my car eating at lunch time, i noticed he seemed to be using his mobile and he was parked in a disabled bay without a blue badge, the parking attendant didn't even check for his badge.
Unfortunately a crisp packet flew out of my rubbish bag when i went to put it in the bin, this is when a man approached me with a Council ID badge saying i'm on film dropping litter, he then issued me with a £75 Fixed Penalty Notice.
I didn't want to give any details but he took photo of my number plate and so i assumed giving the details would be a good idea.
I want to fight this but most people are saying to just pay it, is it worth going to court etc.

photome

Did you pick the litter up before he gave you the FPN

Plantation7

photome wrote: »

Did you pick the litter up before he gave you the FPN

No unfortunately i only knew i dropped it when an old women pointed to it on the floor.

Wanderingpomm

They are supposed to give you an opportunity to put it right, I.e. pick up the rubbish. Just appeal and say you did pick it up. I’m sure they can’t just get your details from the DVLA anyway

Plantation7

Wanderingpomm wrote: »

They are supposed to give you an opportunity to put it right, I.e. pick up the rubbish. Just appeal and say you did pick it up. I’m sure they can’t just get your details from the DVLA anyway

I have not payed it yet and want to appeal, i wonder if DVLA might not release those details.
I don't anyone who has ever received one of these so i actually thought he was a scammer at first.

JJ_Egan

Why would he be filming you before the event ??

hollydays

Plantation7 wrote: »

No unfortunately i only knew i dropped it when an old women pointed to it on the floor.

Confused. Was this before the council official approached you?

davidmcn

Plantation7 wrote: »

I have not payed it yet and want to appeal, i wonder if DVLA might not release those details.

They'd release the details of the registered keeper, but this isn't the sort of situation where the driver is assumed to be the keeper unless proved otherwise, so I'm not sure it would help them all that much.

SHAFT

davidmcn wrote: »

They'd release the details of the registered keeper, but this isn't the sort of situation where the driver is assumed to be the keeper unless proved otherwise, so I'm not sure it would help them all that much.

Depends on whether the litter was thrown from the vehicle or not.

KeithP

SHAFT wrote: »

davidmcn wrote: »

They'd release the details of the registered keeper, but this isn't the sort of situation where the driver is assumed to be the keeper unless proved otherwise, so I'm not sure it would help them all that much.

Depends on whether the litter was thrown from the vehicle or not.

All they can do is show that the driver, or an occupant, of the car deliberately littered.

How does getting the Registered Keeper's details from the DVLA help them identify the driver or indeed any occupant of the car?

The Registered Keeper certainly has no obligation to identify the driver.

pogofish

Consult the DEFRA guidance on issuing litter tickets in England and Wales before you do anything. Scottish guidance is broadly similar.

Taking your version of events at face value, it does sound like you may have a strong case as genuinely accidental littering is excluded from ticketing and patrollers are only advised to ask you to pick it up.

Also, was this a proper council officer/patroller/PSCO or were they a private goon from the likes of Kingdom Enforcement? The private operators do have significant form for abusing the spirit of the law and issuing tickets exploitatively and threatening/harassing behaviour. Which of course has just nothing to do with their having a financial incentive to issue as many tickets as possible. Their record in court is similarly appalling.