Pentalty Notice

chuckles1066

cheesy.mike wrote: »

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

Irrespective of the OP's terms and conditions of employment, her employers certainly aren't entitled to blithely admit guilt/liability on her behalf.

sarah1975uk

Morning everyone ok this morning have received a copy of the alledged penalty from my employer. The penalty notice itself has been photocopied over the original letter so i cant see completely what the original accopanying letter says. But the actual copy of the penalty notice says the road i was supposed to be on but there is no such road in our town. so thats wrong for starters. And the time given i wasnt even out i was at home all afternoon until about 5pm with the children due to problems at school with my son. So there is no way this was me. the offence apparently happened at 240pm this is impossible!

The penalty notice at the top says NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY OFFENCE OF DEPOSITING OR LEAVING LITTER THE ENVIRONMENTAL PROTECTION ACT 1990 SECTION 88 (AMENDMENT BY THE CLEAN NEIGHBOURHOOD AND ENVIRONMENTAL ACT 2005)

What do i do now??

headpin

sarah1975uk wrote: »

Morning everyone ok this morning have received a copy of the alledged penalty from my employer. The penalty notice itself has been photocopied over the original letter so i cant see completely what the original accopanying letter says. But the actual copy of the penalty notice says the road i was supposed to be on but there is no such road in our town. so thats wrong for starters. And the time given i wasnt even out i was at home all afternoon until about 5pm with the children due to problems at school with my son. So there is no way this was me. the offence apparently happened at 240pm this is impossible!

The penalty notice at the top says NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY OFFENCE OF DEPOSITING OR LEAVING LITTER THE ENVIRONMENTAL PROTECTION ACT 1990 SECTION 88 (AMENDMENT BY THE CLEAN NEIGHBOURHOOD AND ENVIRONMENTAL ACT 2005)

What do i do now??

It's not impossible for one of their Officer's or “enforcers from Africa or Eastern Europe” to get things wrong. Write back suggesting they have made a mistake and asking for proof to be provided. Do not at this stage volunteer too much information about the errors in their PCN. Leave that for after they respond.


Indeed, it is the Clean Neighbourhoods and Environment Act 2005 - Part 3 Litter and Refuse, that generally deals with these offences and empowers the appropriate Authority to issue PCN's. And, as stated previously, in London Local Councils (the London Boroughs and City of London) additionally have various local London Acts that can be used for enforcement against the same offences.

Optimist

Well if your adamant that it wasn't you, and could not have been you I would suggest your next action has to be against your employer. The fine has been paid by your employer so the local council wont be too bothered. I would suggest you go through your companies grievance procedure

Wig

Ask for a copy of the original letter. They cannot (outside London) require anyone to pay this fine unless they admit that they were the driver. Or they aquire proof positive of who the driver was. Or if was the passenger who threw it, they would have to prove who the passenger was.

Even inside London, I suspect the rediculous law is incorrect and should be challenged by someone rich enough to do it.

Your claim will be against your employer for paying a fine they had no business paying and which in any event had no relation to the vehicle, it was a litter offence not a road traffic offence.

sarah1975uk

Wig wrote: »

Ask for a copy of the original letter. They cannot (outside London) require anyone to pay this fine unless they admit that they were the driver. Or they aquire proof positive of who the driver was.

Even inside London, I suspect the rediculous law is incorrect and should be challenged by someone rich enough to do it.

Thanks Wig logical as always proof of keeper/driver is one thing but what about proof a person actually committing an offence. just seeing someone doing something and proving it is 2 different things ie would they have photographic evidence and the like, like speed camera offence:rolleyes:

cyclonebri1

Sarah, I was going to mention it before but didn't as you made it clear later that you were not allowed to smoke in a company car, no one is, it came about as a result of the anti smoking legislation a year or so ago.

But it seems your employers have actually ticked the guilty box for that offence too. It may come to nothing but if you and your employer "fall out". well you've broken company policy and current legislation, you need the admission reversing in my view;)

sarah1975uk

cyclonebri1 wrote: »

Sarah, I was going to mention it before but didn't as you made it clear later that you were not allowed to smoke in a company car, no one is, it came about as a result of the anti smoking legislation a year or so ago.

But it seems your employers have actually ticked the guilty box for that offence too. It may come to nothing but if you and your employer "fall out". well you've broken company policy and current legislation, you need the admission reversing in my view;)

How do i get it reversed? any help forward would be appreciated.

cyclonebri1

sarah1975uk wrote: »

How do i get it reversed? any help forward would be appreciated.

Not my area of expertise I'm afraid, if I have one at all.

To cover such issues I purchase a family legal protection policy that runs along side my home insurance. It gives advice on all legal matters via a panel of solicitors, I think they will also fight your corner, obviously for thier gain, if you have a case in an issue. But not much use in this case, maybe one to consider in the future.

sarah1975uk

wow thanks didnt even think of my home insurance. I have legal cover too;) I will make a few calls xx