Fixed Penalty notice help please **SETTLED**

[jet_black]

Sorry if this is posted in the wrong section, but I really do need some help on how to tackle this.....

This morning my husband received a fixed penalty notice from a neighbouring council for the offence of littering (therer is no way he could have done this as he was at work at the time), the alleged offence is as follows:

At 16:47pm the named above was driving along ****** in ***** and threw a cigarette out of the drivers side window, this happened as the driver was passing ****** ***** Library


The trouble is at that exact time, my husband was at work and there are about 15-20 other people who can vouch for him. His place of work is a school in the next county to where the alleged offence took place. The other problem with the above allegation is that the driver's side window in our car does not open, this can also be proven if necessary.

Could anyone advise me on the best way to tackle this please.

Thanks in advance for any ideas.

[Paule]

Re: Fixed Penalty notice help please

Write back to them stating that your vehicle was in such a place at the time of the ALLEGED incident, which can be proved if necessary.

Dont go into long explanations, just state the facts.

PKea

[Paule]

Re: Fixed Penalty notice help please

Which council was it that issued the penalty, I will see if i can get some info on them

[Amy]

Re: Fixed Penalty notice help please

I love things like this. Write to them and tie them in knots.

Short and not too sweet as PK says and see what they come back with.

[Tools]

Re: Fixed Penalty notice help please

I would also ask them to provide any evidence they have to support their ALLEGATION.

• Do they have photographic proof?

• Did the person who has reported the incident note the registration number of the car correctly?
• Does your husband actually smoke?
• Does the school where your husband works have time/date stamped cctv that can verify his car was on site at the time of the offence?

[jet_black]

Re: Fixed Penalty notice help please

I would also ask them to provide any evidence they have to support their ALLEGATION.

• Do they have photographic proof?I shall ask them if they can provide this.

• Did the person who has reported the incident note the registration number of the car correctly? The car's details are not on the notice.
• Does your husband actually smoke? unfortunately yes he does.
• Does the school where your husband works have time/date stamped cctv that can verify his car was on site at the time of the offence? The school doesn't have fully operational CCTV but the cleaning staff and some of the teachers (including the Deputy Head) were present at the time.

I would hope that statements from the staff will be enough to clear him.

Thanks for the replies so far

[Amy]

Re: Fixed Penalty notice help please

No car details?

They are truly useless.

[jet_black]

Re: Fixed Penalty notice help please

Yep indeedy:tinysmile_shy_t:

[Guest]

Re: Fixed Penalty notice help please

Sorry if this is posted in the wrong section, but I really do need some help on how to tackle this.....

This morning my husband received a fixed penalty notice from a neighbouring council for the offence of littering (therer is no way he could have done this as he was at work at the time), the alleged offence is as follows:

At 16:47pm the named above was driving along ****** in ***** and threw a cigarette out of the drivers side window, this happened as the driver was passing ****** ***** Library


The trouble is at that exact time, my husband was at work and there are about 15-20 other people who can vouch for him. His place of work is a school in the next county to where the alleged offence took place. The other problem with the above allegation is that the driver's side window in our car does not open, this can also be proven if necessary.

Could anyone advise me on the best way to tackle this please.

Thanks in advance for any ideas.

How do they know who was driving unless they identified him and not the car?

[jet_black]

Re: Fixed Penalty notice help please

How do they know who was driving unless they identified him and not the car?

I have no idea, I think they must have taken down the number plate incorrectly? they haven't given any evidence to back up their claim:tinysmile_hmm_t2:

[argentarius]

Re: Fixed Penalty notice help please

Don't take this the wrong way, but I wonder whether there might be more to this story than you are telling us (or indeed than you know).

They cannot write alleging that a named individual committed an offence, unless they identified that person.

If they merely saw someone throwing something from a car of which they know the registration, they would write to the registered keeper of the car asking them to identify the person responsible.

They can't simply assume that the registered keeper was responsible, and write alleging such.


I struggle to see how what I am suggesting could be the case, though, given your comments about the non-functioning driver's side window.

[Paule]

Re: Fixed Penalty notice help please

Can you scan and post up the notice received, obviously blank out the personal details

[jet_black]

Re: Fixed Penalty notice help please

[jet_black]

Re: Fixed Penalty notice help please

Don't take this the wrong way, but I wonder whether there might be more to this story than you are telling us (or indeed than you know).

They cannot write alleging that a named individual committed an offence, unless they identified that person.

If they merely saw someone throwing something from a car of which they know the registration, they would write to the registered keeper of the car asking them to identify the person responsible.

They can't simply assume that the registered keeper was responsible, and write alleging such.


I struggle to see how what I am suggesting could be the case, though, given your comments about the non-functioning driver's side window.

I know beyond any doubt that they have made a mistake, as my Husband was definately at work, with traffic being the way it is between Derby and Nottingham there is no way he could have got back to his site; locked it and come home in the time allowed. He is not allowed to leave his cleaning staff unsupervised, plus more than 15 people are willing to vouch for his attentance at work. I have requested that they give us copies of their evidence so we can find out how they managed to identify my husband.

[Guest]

Re: Fixed Penalty notice help please

"NON-PAYMENT OF THIS FIXED PENALTY IF LIKELY TO RESULT IN PROSECUTION FOR THE ALLEGED OFFENCE AND THE MAXIMUM FINE PAYABLE ON CONVICTION IS £"

What does "IF LIKELY" mean?

Not only that, what have they said in relation to the identification of the person rather than the car? Where did they get this information?