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Fine for litter that isn’t mine.

Ju.
Ju. Posts: 21 Forumite
Sixth Anniversary 10 Posts Name Dropper
I received a fixed penalty notice in the post for littering pizza boxes as they were found next to a bin down the road with my address and the details of the order on them on a sticker. Not my name though. I’m aware people try to get out of this sort of thing but I honestly did not order or receive this pizza. I don’t even order pizza and don’t have an account with this company. All they have is my address on there. They say it’s linked to me at my address but can they do that when there’s no name on it? I checked with the pizza place and they won’t give me any details of the order due to DPA which is odd as it’s protecting the real criminal here. 
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Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,913 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 17 May 2024 at 7:34AM
    Ju. said:
    with my address .... Not my name though.
    Do you mean it has another person's name on or it just doesn't have a name.

    Do you live alone or are there any other adults registered as living at your address? 
    In the game of chess you can never let your adversary see your pieces
  • Ju.
    Ju. Posts: 21 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Ju. said:
    with my address .... Not my name though.
    Do you mean it has another person's name on or it just doesn't have a name.

    Do you live alone or are there any other adults registered as living at your address? 
    It doesn’t have a name at all. Just the address. I don’t live alone, my adult daughter lives here. 
  • powerful_Rogue
    powerful_Rogue Posts: 8,658 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ju. said:
    Ju. said:
    with my address .... Not my name though.
    Do you mean it has another person's name on or it just doesn't have a name.

    Do you live alone or are there any other adults registered as living at your address? 
    It doesn’t have a name at all. Just the address. I don’t live alone, my adult daughter lives here. 

    Have you spoken to your daughter?
  • Ju.
    Ju. Posts: 21 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Ju. said:
    Ju. said:
    with my address .... Not my name though.
    Do you mean it has another person's name on or it just doesn't have a name.

    Do you live alone or are there any other adults registered as living at your address? 
    It doesn’t have a name at all. Just the address. I don’t live alone, my adult daughter lives here. 

    Have you spoken to your daughter?
    Yes, it wasn’t her either. Checking back, she was out, in another part of London on the day of the pizza order so there’s no chance it’s her. 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,913 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 17 May 2024 at 9:07AM
    Ju. said:
    It doesn’t have a name at all. Just the address. 
    Thought so, worth checking :) 

    Ju. said:I don’t live alone, my adult daughter lives here. 
    I'm guessing the FPN doesn't have an option to appeal but rather if you don't pay the council may prosecute via the magistrates court. 

    If your daughter is on the council tax, registered to vote, etc I don't see how the council can determine it was yourself, not to imply it was your daughter simply that a criminal conviction requires beyond reasonable doubt and 2 people at an address creates doubt it was one rather than the other. 

    Not having an account with the pizza place doesn't really help (anyone could have ordered for you) and I don't think anyone is going to get info from the pizza place, certainly not to prove your innocence, it would only be done in an attempt to prove your guilt. 

    This topic comes up on here more than it should, there seems to be a fundamental issue with these tickets as it's a case of pay or face the possibility of a magistrates court, neither of which is particularly attractive. 

    There is a forum called 
    PePiPoo who might be better placed to advise you, of all the threads on here sadly I don't recall seeing someone come back to say how it turned out. 
    In the game of chess you can never let your adversary see your pieces
  • Mark_d
    Mark_d Posts: 2,748 Forumite
    1,000 Posts Second Anniversary Name Dropper
    So someone ordered pizza for delivery to your address, but it was not you or your daughter? Neither you nor your daughter took delivery of the pizza - so maybe a stranger was at your address on the date in question?

  • Ju.
    Ju. Posts: 21 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Ju. said:
    It doesn’t have a name at all. Just the address. 
    Thought so, worth checking :) 

    Ju. said:I don’t live alone, my adult daughter lives here. 
    I'm guessing the FPN doesn't have an option to appeal but rather if you don't pay the council may prosecute via the magistrates court. 

    If your daughter is on the council tax, registered to vote, etc I don't see how the council can determine it was yourself, not to imply it was your daughter simply that a criminal conviction requires beyond reasonable doubt and 2 people at an address creates doubt it was one rather than the other. 

    Not having an account with the pizza place doesn't really help (anyone could have ordered for you) and I don't think anyone is going to get info from the pizza place, certainly not to prove your innocence, it would only be done in an attempt to prove your guilt. 

    This topic comes up on here more than it should, there seems to be a fundamental issue with these tickets as it's a case of pay or face the possibility of a magistrates court, neither of which is particularly attractive. 

    There is a forum called PePiPoo who might be better placed to advise you, of all the threads on here sadly I don't recall seeing someone come back to say how it turned out. 
    Thanks, that’s exactly what the FPN says. Seems madness that the only way to challenge it, is to go to court. I’ve never been accused of something I didn’t do before and it’s so frustrating. I’ll check out PePiPoo. 
  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 May 2024 at 10:57AM
    But they have to take you to court and if you say you have proof it wasn't your daughter and you're prepared to fight in court then the onus is on them.
    if you're totally credible then why would a judge believe it was you?
    inconvneient - yes

    You haven't had any arguments with anyone lately have you? like an ex? who might do this and then report you for fly-tipping. Just a thought.
  • DE_612183
    DE_612183 Posts: 4,203 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Can you ask the pizza place to at least confirm the payment  method?
    If it was cash on delivery - then it could just have been someone parked outside your house.

    If it was card, then you could go to court and produce all your bank statements to show you have not made a payment to that establishment.
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