Fixed Penalty notice help please **SETTLED**

[Paule]

Re: Fixed Penalty notice help please

Just noticed something on this

The date the incident happened, is different from the signature date.
So the attendant obviously did his paperwork the next day and not at the time of the incident.
Which if they had spoke to the ACTUAL driver to get their details, it would have been issued there and then

PKea

[Mochamoos]

Re: Fixed Penalty notice help please

Oh FFS have they not got criminals to catch? Are they bored?

[Amy]

Re: Fixed Penalty notice help please

Just noticed something on this

The date the incident happened, is different from the signature date.
So the attendant obviously did his paperwork the next day and not at the time of the incident.
Which if they had spoke to the ACTUAL driver to get their details, it would have been issued there and then

PKea

Well spotted PK.

[jet_black]

Re: Fixed Penalty notice help please

I haddn't noticed the differing dates, what a bunch of idiots.

I wonder if they have the offending cigarrette end in their posession, surely they would need it as evidence as it would have the offender's dna on it.

I am so angry about this, we gave them the address of my husband's school so they could back up his alibi, but they haven't even attempted to contact anyone!

AAArrrrrrrggggggghhhhhh, I can think of better ways of spending my wedding anniversary than dealing with twerps like this.

Thanks for all the help so far folks, I would be in a right flap without you

[Amy]

Re: Fixed Penalty notice help please

They need a strongly worded letter pointing out their inadequacies.

[Paule]

Re: Fixed Penalty notice help please

Their letter is all 'Ifs and Buts'

'Generally the observations and notes' so it doesnt mean it has happened in this case

I would go along with Amy and respond, as others have said prevously, to provide proof of the ALLEGED incident, or that you will see them in court and you will present your proof to the court, along with seeking costs under the 'Litigants in Person (Costs and Expenses) Act 1975 (c.47)'

This act is used widely by 'alleged offenders' when the CPS cock up on prosecuting motorists for offences.
Litigants in Person (Costs and Expenses) Act 1975 (c.47) - Statute Law Database


PKea

[jet_black]

Re: Fixed Penalty notice help please

I have politely emailed the writer of the letter stating that no we won't pay the fine and we will see them in court (along with claiming costs etc).

Are there any specific forms that we would need to obtain from the court to claim the costs should this farce actually go before a judge?

[Paule]

Re: Fixed Penalty notice help please

Lets see if they actually persue it to court.

We know they havent got any real evidence as you werent actually there, so they wont have any photos, driver descriptions, car descriptions etc

You can quite easily prove to the court that you werent there, you have (or can get) written statements from a respected community person (ie Deputy Head Teacher) to prove your location.

As you have already told them this previously, they cannot say they knew nothing about this.

Just make sure you have copies of the correspondance, just in case, they attempt court proceedings.

PKea

[jet_black]

Re: Fixed Penalty notice help please

This keeps on getting better and better!


I am waiting on a reply form our MP but she is looking into it, plus the Head Teacher has also written to this clown.........

[Mochamoos]

Re: Fixed Penalty notice help please

what a load of tosh. Are they really wasting taxpayers money on this?

[Tools]

Re: Fixed Penalty notice help please

Hi Jet

I have removed the advice given in this post as it was quit rightly pointed out to me that this is classed as a Criminal matter and not a Civil one, as such Criminal Procedure Rules will apply and not Civil Procedure Rules. Sorry if this caused any confusion, I got it wrong.

As Cetelco pointed out in post #33,

as an innocent defendant if you fail to inform the authorities of exculpatory evidence at the "earliest possible" opportunity, the fact that you may be acquitted due to this evidence could still mean that you could expect to pay some, if not all of the costs of the prosecution.

You needs to provide the evidence as a matter of urgency, so any corroborating letters as from the Head or other witnesses should be sought and submitted to them ASAP.

Thanks Cetelco for picking up on this.

[jet_black]

Re: Fixed Penalty notice help please

By now he should have received a letter from the school confirming my hubby's whereabouts at the time in question. I am wondering if it will be worth asking the payroll section for a copy of his timesheet (although it doesn't specify actual times on it, they just tick a box to say they worked their contracted hours).

[StoneLaughter]

Re: Fixed Penalty notice help please

The better proof is the personal statement from his boss - who by virtue of his status as a deputy or head teacher is recognised as a "person of standing" by just about all authorities in the land from passport authorities through to the Courts.

[Mochamoos]

Re: Fixed Penalty notice help please

just read this on the train

A council sparked outrage after it emerged that litter wardens are paid £35 for every fine they issue instead of receiving a salary.
Enviromental Wardens working for Peterborough City Council have fined the majority of 1,772 people in just over a year while earning unlimited commision.
Just six fines a day for casually dropping anything from a cigarette butt to a sweet wrapper would earn a warden £54,600 a year.


Even when the on-the-spot £75 fixed penalty notice is reduced to £50 when it is paid within 21 days, the wardens still earn £35 per ticket.
The team of two wardens have already split a potential bounty of around £62,000 between them - not including a possible £4,100 from 119 drivers spotted throwing litter from cars.
Although they are not paid any basic salary, there is no lower or upper limit on the amount they can earn from what the council call “enviromental crime”.
It comes as a separate study today (FRI) criticises police for prioritising petty rule-breaking instead of serious crime, to meet Government targets - and ensure £15,000 bonuses for senior officers.
Peterborough is among councils whose street wardens snap offenders with video cameras and issue them with £75 on the spot fines.
If they refuse to pay their face is posted on the web and people are asked to ring a hotline number and name them.
The TaxPayers' Alliance condemned the £35 payments as it gave wardens no incentive to prevent littering in the first place.
Campaign Director Mark Wallace said: “This is outrageous and completely unjust. “We are all being treated as cash cows by councils, who see schemes like this as an excuse to raise funds rather than a way to discourage littering.
“These wardens have no incentive to stop people littering - indeed if they stopped people doing it their pay would dry up. That' s no way to run a justice system.” Since introducing the wardens in April 2007, they have issued the “majority” of the 1,772 FPNs.
The council could not give precise figures as some have been issued by police and PCSOs, and the figures are not broken down.
People who refuse to pay can be taken to court and hit with fines of up to £400 plus costs.
Local environment councillor Graham Murphy said: “People need to start to realise if they get fined, the places they can hide are minimising.
We'll catch up with them and make them pay. Councils were given the power to issue fixed penalty notices (FPN) under the Clean Neighbourhood and Enviroment Act 2005.
Deputy leader of the Liberal Democrats in the city Cllr Darren Fower expressed concerns about the “possible financial benefit for a few”, but added: “The most important thing is that the council fulfills its duties of ensuring Peterborough is safe and clean.”

[argentarius]

Re: Fixed Penalty notice help please

And I heard it on the radio.

It contains some serious fallacies. Litter wardens are not taking any money away from fighting "serious crime" as their costs are met from the fine income.

And the nonsense from the Taxpayers' Alliance really makes me mad. How ridiculous are they trying to be? Telling some moron that's "about" to drop litter not to, isn't going to stop them doing it round the next corner. Serving a fixed penalty on them once they have done so might, just, be effective in making them think twice. How the hell are you supposed to catch someone at the exact moment they are "about" to drop litter? Idiots.

Littering is an incredibly anti-social thing to do and ruins the environment in cities and countryside alike. All power to the wardens, I say.

The article cannot be right that there is no basic salary, or minimum, as that would breach minimum wage legislation, would it not?