Pentalty Notice

Wig

Are you saying you have never thrown (in the last 6 months - 1 year) anything from your car?

Are you the only person outside of work insured to drive the car?
If other employees are insured, would your company know that they have not in all likelyhood driven your car?


I have just read a bit a guidance for local authoriies on issuing penalty notices for litter thrown from vehicles. It said that penalty notices should not be issued until the identity of the driver is known. It said that letters (or doorstep visits) requesting identity can be sent to the registered keeper.

It is entirely possible that this guidance is now outdated by new legislation such as similar to London Local Authorities Act. 2007.

On the face of it I am confused as to the amount, should IMO be £80 but I said Jack Straw might have upped it.

I am also confused why your employer paid a fine which IMO *should* have been just a letter requiring driver identity.

I suggest you wait for whatever your employer is sending you to arrive, and then you come back here and tell us what it says. I would be very interested to know, even if you decide not to take it any further (because you might concede that you had forgotten about that day you threw something from your car).

sarah1975uk

Wig wrote: »

Are you saying you have never thrown (in the last 6 months - 1 year) anything from your car?

Are you the only person outside of work insured to drive the car?
If other employees are insured, would your company know that they have not in all likelyhood driven your car?


I have just read a bit a guidance for local authoriies on issuing penalty notices for litter thrown from vehicles. It said that penalty notices should not be issued until the identity of the driver is known. It said that letters (or doorstep visits) requesting identity can be sent to the registered keeper.

It is entirely possible that this guidance is now outdated by new legislation such as similar to London Local Authorities Act. 2007.

On the face of it I am confused as to the amount, should IMO be £80 but I said Jack Straw might have upped it.

I am also confused why your employer paid a fine which IMO *should* have been just a letter requiring driver identity.

I suggest you wait for whatever your employer is sending you to arrive, and then you come back here and tell us what it says. I would be very interested to know, even if you decide not to take it any further (because you might concede that you had forgotten about that day you threw something from your car).

Its a company car for which any employee can drive it if i give them the keys ande me and my husband can drive it too. he has his own car so very very rearly drives it.

Regarding the company paying it, they say they have even though in a message left by them to day they said its my responsibility and will be deducted. mmm paying me so quicky mm not due till 20th to get paid. Regarding the fact they have deducted it, its personal not company liability surely so fines such as parking or speeding or infact littering is down to a person, for which how did they know whether i did it or my husband etc for which we would have been contacted by a company once keeper of the car is established.

I will await whatever the company send me in the post, i have just emailed them asking to at least let me know when where company fine is from etc so i can at least know what im dealing with. Also in the message from company boss said cigarette out of window, not litter out of a vehicle in public place etc. so find it all very bizzar.

Wig

Cigarette out of window is litter from a vehicle.

With respect you didn't answer my question, Have you thrown anything from your car in the last 6 months - one year?

sarah1975uk

Wig wrote: »

Cigarette out of window is litter from a vehicle.

With respect you didn't answer my question, Have you thrown anything from your car in the last 6 months - one year?

I know its litter from a vehicle what i meant was phone message was very specific in saying cigarette.

And no because im not allowed to smoke in the company car.;)

Wig

The letter/fixed penalty would have specified what was thrown or thought to have been thrown. He was simply relaying to you what it said in the letter/FPN

chuckles1066

sarah1975uk wrote: »

I have just had an email response from my employer...im not a happy bunny!

We will forward the penalty notice to you - unfortunately this
has already been paid therefore you will have to contest this directly with
the company involved.

OMG thought they werent allowed to take money without my authorisation? Except for NI TAX and my company expenses as buying drinks for my co workers (part of my job).

Help on best way to respond?

Tell them they had no business admitting guilt on your behalf (which is what they've done by paying the fine).

Tell them you wish to contest the allegation before a magistrates court where you intend to put the plantiff to strict proof to substantiate the claim being made against you.

sarah1975uk

chuckles1066 wrote: »

Tell them they had no business admitting guilt on your behalf (which is what they've done by paying the fine).

Tell them you wish to contest the allegation before a magistrates court where you intend to put the plantiff to strict proof to substantiate the claim being made against you.

Thank you ever so much x am still fuming. :mad:

Wig

chuckles1066 wrote: »

Tell them you wish to contest the allegation before a magistrates court where you intend to put the plantiff to strict proof to substantiate the claim being made against you.

It's probably too late now it has been paid, now it is for OP to reclaim the deducted fine from her employer through the small claims court.

As to the evidence they require all they need is a positive ID from the officer pointing to her in court saying "That's the woman I saw throw something from her vehicle" If they do that she will be found guilty, I garantee it. and the fine could be much more severe in court.

sarah1975uk

Obviously an issue with the original allegation of Penalty notice, but the second issue here is the fact employer has paid this on my behalf without me being notified of the original problem. The fact had i been properly notified and this situation handled in the correct way, i would have been able to go through the correct chanels of contesting and asking for evidence etc. Now because the employer has paid has effectively admitted liability on my behalf behind my back.

Now if i had used my phone for business use and then called my employer to pay £105 of call charges without me giving evidence of calls etc.. i know my employer would have said not paying anything until i see the bill first. Its just matter of principle on both points of my argument.

Bob63

Check your terms & conditions of employment. Mine are very specific about payment of fines with regard to company cars and they even levy an administration charge on top. If it is in your t's & c's then they are perfectly entitled to do what they did. One of the reasons I don't drive a company car and take the cash instead...

Mike