FPN [flytipping] received out of date to pay initial fine

manambo101

davidmcn said:

manambo101 said:

AdrianC said:

manambo101 said:

AdrianC said:

Was the car registered to you, at your correct current home address, on the date of the incident?

Hi AdrianC,
No car of mine involved in the incident.
No cctv of me doing anything, fact. 

Sorry, I was assuming this was in the motoring group.

So what was the FPN for?

<wonders, checks previous post history>
Ah!
https://forums.moneysavingexpert.com/discussion/6101959/accused-of-flytipping

It's helpful if you keep things in context. You could have updated that thread.

Hi, is that a matter of opinion? 
Seemed to me like a different topic in and of itself with its own self explanatory title which the previous thread bares no relevance to tbh. 
Am I wrong? 🙄

The title isn't self-explanatory as it gives no clues about what sort of FPN you're talking about. Would have made much more sense just to continue the existing thread.

1 hour later, let's agree that you are right. Can we move on with the thread now or is that unfeasible? 

manambo101

manambo101 said:

Hi there, I've decided to pay the initial fine but the time for paying the initial fine has lapsed. Letter dated 27th Jan, 14 days given, letter received 11 Feb. No postmark on letter. Can they do this? Do I have a right t o be able to pay the initial fine as its double the amount as of 2 days before I received it! Thanks for any and all replies, 

As per the edited title, I hope that demystifies my thread. The previous thread is presumably now not relevant and this thread can be left open for discussion by anyone interested in participating. I'd really appreciate any and all replies. If there are any other issues with how it's been posted, please let me know and I'll aim to fix them posthaste. I'm not looking to confuse anyone. Thanks 

NewShadow

manambo101 said:

manambo101 said:

Hi there, I've decided to pay the initial fine but the time for paying the initial fine has lapsed. Letter dated 27th Jan, 14 days given, letter received 11 Feb. No postmark on letter. Can they do this? Do I have a right t o be able to pay the initial fine as its double the amount as of 2 days before I received it! Thanks for any and all replies, 

Thanks NewShadow. Just seems a bit odd I now have to 'act nice' and hope they don't hammer me (like the guy in that article you sent me who also admitted not checking the credentials of the person taking away his rubbish) instead of giving me a fair opportunity to pay the initial fine. Stop talking about 'rights' eh. 

You want the council to do you a favour and let you off with a slap on the wrist - you want them to believe you've learnt your lesson and won't do it again - and yet you're still writing as if you believe you haven't actually done anything wrong... 

You don't have to 'act nice' if you don't want to, you could simply pay the penalty... and this isn't about fair or unfair - you broke the law. 

The facts are:
- There's no postmark on the letter - there is a date on the letter. 
- You were given two weeks after the date on the letter to pay at the reduced rate. 
- You did not pay the penalty within the given time and therefore have lost your right to pay at the reduced rate. 
- You claim to have not received the letter until the 11th - you have no evidence of this... and even if you do, it's not the council's fault if it was delayed in the postal system, a legal notice - letter before action, summons, FPN etc - is deemed to be received two days after posting unless there is evidence to the contrary.

If you explain politely, the council may or may not believe you - and even if they do/don't, they may or may not allow you to pay at the reduced rate or wave the fee entirely. 

The chances of them making this allowance for you will depend on how you approach the conversation - you have no right to require they honour the lesser amount and such an approach is almost guaranteed to result in a less favourable outcome. 

manambo101

I did explain politely. They didn't believe me. You may not believe that I received the letter late. That's fine. From my pov, it  reflects badly on them that they did in fact send the letter late (12 days to travel 5 miles) thereby denying me the opportunity to pay the £200. You think this does not reflect badly on them and that the onus is on me to receive the letter in good time, however that can be achieved, or somehow be able to provide video evidence of the late receipt of said letter from the postman. This is unreasonable. If they are denying me the opportunity to take part in their process, do you think I should feel compelled to prostrate myself? How oddly compliant that would make me! 
My options now are a) pay £400, being swindled out of £200 which is a crime in and of itself - extortion b) grass this guy up and by extension implicate myself like others have done which from looking at other cases will result in me being taken to court and a near £600 fine c) keep shtum. 
It seems like you think it's right and proper that I choose a or b. You're entitled to think that. I'll keep shtum and give the £200 to charity. 

manambo101

I appreciate everyone's advice and thoughts, in the end I have to make my own decision about how to proceed. This is a situation that has developed. I appreciate everyone's input 👍👍👌

NewShadow

manambo101 said:

I did explain politely. They didn't believe me. You may not believe that I received the letter late. That's fine. From my pov, it  reflects badly on them that they did in fact send the letter late (12 days to travel 5 miles) thereby denying me the opportunity to pay the £200. You think this does not reflect badly on them and that the onus is on me to receive the letter in good time, however that can be achieved, or somehow be able to provide video evidence of the late receipt of said letter from the postman. This is unreasonable. If they are denying me the opportunity to take part in their process, do you think I should feel compelled to prostrate myself? How oddly compliant that would make me! 
My options now are a) pay £400, being swindled out of £200 which is a crime in and of itself - extortion b) grass this guy up and by extension implicate myself like others have done which from looking at other cases will result in me being taken to court and a near £600 fine c) keep shtum. 
It seems like you think it's right and proper that I choose a or b. You're entitled to think that. I'll keep shtum and give the £200 to charity. 

*sigh* 

Feel free to update the thread if/when you're looking for advice on responding to the summons... 

manambo101

NewShadow said:

manambo101 said:

I did explain politely. They didn't believe me. You may not believe that I received the letter late. That's fine. From my pov, it  reflects badly on them that they did in fact send the letter late (12 days to travel 5 miles) thereby denying me the opportunity to pay the £200. You think this does not reflect badly on them and that the onus is on me to receive the letter in good time, however that can be achieved, or somehow be able to provide video evidence of the late receipt of said letter from the postman. This is unreasonable. If they are denying me the opportunity to take part in their process, do you think I should feel compelled to prostrate myself? How oddly compliant that would make me! 
My options now are a) pay £400, being swindled out of £200 which is a crime in and of itself - extortion b) grass this guy up and by extension implicate myself like others have done which from looking at other cases will result in me being taken to court and a near £600 fine c) keep shtum. 
It seems like you think it's right and proper that I choose a or b. You're entitled to think that. I'll keep shtum and give the £200 to charity. 

*sigh* 

Feel free to update the thread if/when you're looking for advice on responding to the summons... 

Hi NewShadow, I appreciate that because I don't follow your advice, you don't think it will go well for me. I understand as I was looking for some insight by coming on this forum and although I've taken your advice on board, I'm clearly choosing to go in another direction! You seem to be Big enough to be able to accept that which I appreciate. I hope this thread can be left open for me to report back the conclusions. I think that's very important. Maybe mine will be a cautionary tale for others in a similar situation which will prove you right all along!