Tweet
1. Last Wednesday I was accosted by 2 Civil Enforcement Officers who are appointed by my Local Authority.
A gentleman approached me and stated that he had witnessed me dropping a Cigarette. I stated that as I had not smoked for 3 years that he was mistaken. I was however vaping and pointed that out (I was holding my Vaper). He began quoting that I had committed a Criminal Act as littering is a criminal offence under Section 87 of the Environmental Protection Act 1990.
I asked for evidence that I had committed a Criminal Act and the gentleman stated that he didn't turn his camera on when it happened. I asked him where this mysterious Cigarette was and he didn't even look for it.
I then stated that he had no evidence then and stated direct to his Camera "I am not under duress, I am doing this of my own free will" and offered for them to search me. I stated that if I had indeed been smoking a Cigarette that I would surely have Cigarettes or a lighter or matches on me. They declined my offer to search and stated that someone could have given it to me.
It was then that another Officer approached and stated that he had also seen me drop a Cigarette. I told him that he was lying as I don't smoke. The first gentleman then stated that they were there for a meeting and another 2 gentlemen had seen me do it (Strength in numbers, I'm guessing.)
They then became aggressive crowding me and repeating that I had committed a Criminal Act and it is a further criminal offence under Section 88 of the Environmental Protection Act 1990 to fail to provide your personal details to an authorised officer of the Local Authority who is satisfied that an offence of littering has been committed. I repeatedly stated that it was not a Criminal Act to not provide my details and that I had done nothing wrong and if it was their word against mine, there is no proof (there couldn't be).
I then pointed out that I had worked for the HMCTS and the Citizens Advice Bureau and knew my rights (perhaps wrongly). I said that I had to attend an urgent appointment and that I would return quickly and ring the Police myself as they had bullied and harassed me and were being very aggressive.
I attended my appointment and 5 minutes later (if that) I went back out and they had disappeared and I received no Fixed Penalty Notice.
I DID NOT drop a Cigarette, as stated above I have not smoked for 3 years. I went to my local Police Station straight away who confirmed that it is not a Criminal Act to not provide my details..They stated that it was a Civil matter and they would not get involved but were suitably appalled at my treatment and advised that I contacted my local authority.
Ok, so that's the background.
2. I then decided to email my local Councillors about what had happened as I didn't want it to happen to anyone else. My local Councillor emailed the Local Authority and got this reply :-
Hello Councillors I have received an officers report on this matter and would comment as follows.
Mr ****** was witnessed smoking by a number of officers and then dispose of his cigarette waste to the floor. He was approached by a single officer initially but was uncooperative and refused to provide his personal details at which point another officer attended. The law was explained to Mr ******, littering is a criminal offence under Section 87 of the Environmental Protection Act 1990 and it is a further criminal offence under Section 88 of the Environmental Protection Act 1990 to fail to provide your personal details to an authorised officer of the Local Authority who is satisfied that an offence of littering has been committed. Mr ****** has been misinformed by the Police who unfortunately in some cases fail to realise that Local Authorities also enforce criminal law , not just the Police. Mr ****** refused to provide his details and entered the job centre. In order to avoid a confrontational situation within the job centre the officer did not pursue him and continued with his patrols.
If Mr ****** wishes to contest the veracity of the officers version of events around this matter then if he could forward me his personal details I will ensure that a fixed penalty notice for the original offence is issued to his personal address where he can then contest the facts of this incident in a Court of law.
I hope this information is of assistance but if you wish to discuss this matter further please do not hesitate to contact me.
Regards
Team Manager- Environmental Protection
When I sent the email to the Councillors, they sent my Name and Street Address to the Council so I think I may get a FPN in the post now. (Have they breached GDPR?). What ever happened to Innocent before being proven Guilty in this Country? And to make it worse I am classed as vulnerable (I have several disabilities and my Doctor classes me as vulnerable). I didn't mention this to the Officers as I was upset and trembling.
According to Gov.uk they shouldn't pursue me as I'm vulnerable (Under Enforcement action is inappropriate or disproportionate) :-
https://www.gov.uk/guidance/enforcem...enalty-notices
I have since made my Councillor aware that I'm classed as vulnerable.
I'm panicking now. Have I broken the law in not giving them my details ?
I have no means to pay the FPN and have no means to get to Court to fight them on this (Believe me, I have plenty of Will) as I'm single, on benefits and I am paying Bedroom Tax. I start a placement next week with a view to getting back into work (I hate being on benefits
).
I live in Wales btw. I know of an Article from a whistleblower about how this Company operates but was unsure whether to post it. They appear to get a bonus if they issue 6 tickets a day.
Any thoughts would be appreciated.
A gentleman approached me and stated that he had witnessed me dropping a Cigarette. I stated that as I had not smoked for 3 years that he was mistaken. I was however vaping and pointed that out (I was holding my Vaper). He began quoting that I had committed a Criminal Act as littering is a criminal offence under Section 87 of the Environmental Protection Act 1990.
I asked for evidence that I had committed a Criminal Act and the gentleman stated that he didn't turn his camera on when it happened. I asked him where this mysterious Cigarette was and he didn't even look for it.
I then stated that he had no evidence then and stated direct to his Camera "I am not under duress, I am doing this of my own free will" and offered for them to search me. I stated that if I had indeed been smoking a Cigarette that I would surely have Cigarettes or a lighter or matches on me. They declined my offer to search and stated that someone could have given it to me.
It was then that another Officer approached and stated that he had also seen me drop a Cigarette. I told him that he was lying as I don't smoke. The first gentleman then stated that they were there for a meeting and another 2 gentlemen had seen me do it (Strength in numbers, I'm guessing.)
They then became aggressive crowding me and repeating that I had committed a Criminal Act and it is a further criminal offence under Section 88 of the Environmental Protection Act 1990 to fail to provide your personal details to an authorised officer of the Local Authority who is satisfied that an offence of littering has been committed. I repeatedly stated that it was not a Criminal Act to not provide my details and that I had done nothing wrong and if it was their word against mine, there is no proof (there couldn't be).
I then pointed out that I had worked for the HMCTS and the Citizens Advice Bureau and knew my rights (perhaps wrongly). I said that I had to attend an urgent appointment and that I would return quickly and ring the Police myself as they had bullied and harassed me and were being very aggressive.
I attended my appointment and 5 minutes later (if that) I went back out and they had disappeared and I received no Fixed Penalty Notice.
I DID NOT drop a Cigarette, as stated above I have not smoked for 3 years. I went to my local Police Station straight away who confirmed that it is not a Criminal Act to not provide my details..They stated that it was a Civil matter and they would not get involved but were suitably appalled at my treatment and advised that I contacted my local authority.
Ok, so that's the background.
2. I then decided to email my local Councillors about what had happened as I didn't want it to happen to anyone else. My local Councillor emailed the Local Authority and got this reply :-
Hello Councillors I have received an officers report on this matter and would comment as follows.
Mr ****** was witnessed smoking by a number of officers and then dispose of his cigarette waste to the floor. He was approached by a single officer initially but was uncooperative and refused to provide his personal details at which point another officer attended. The law was explained to Mr ******, littering is a criminal offence under Section 87 of the Environmental Protection Act 1990 and it is a further criminal offence under Section 88 of the Environmental Protection Act 1990 to fail to provide your personal details to an authorised officer of the Local Authority who is satisfied that an offence of littering has been committed. Mr ****** has been misinformed by the Police who unfortunately in some cases fail to realise that Local Authorities also enforce criminal law , not just the Police. Mr ****** refused to provide his details and entered the job centre. In order to avoid a confrontational situation within the job centre the officer did not pursue him and continued with his patrols.
If Mr ****** wishes to contest the veracity of the officers version of events around this matter then if he could forward me his personal details I will ensure that a fixed penalty notice for the original offence is issued to his personal address where he can then contest the facts of this incident in a Court of law.
I hope this information is of assistance but if you wish to discuss this matter further please do not hesitate to contact me.
Regards
Team Manager- Environmental Protection
When I sent the email to the Councillors, they sent my Name and Street Address to the Council so I think I may get a FPN in the post now. (Have they breached GDPR?). What ever happened to Innocent before being proven Guilty in this Country? And to make it worse I am classed as vulnerable (I have several disabilities and my Doctor classes me as vulnerable). I didn't mention this to the Officers as I was upset and trembling.
According to Gov.uk they shouldn't pursue me as I'm vulnerable (Under Enforcement action is inappropriate or disproportionate) :-
https://www.gov.uk/guidance/enforcem...enalty-notices
I have since made my Councillor aware that I'm classed as vulnerable.
I'm panicking now. Have I broken the law in not giving them my details ?
I have no means to pay the FPN and have no means to get to Court to fight them on this (Believe me, I have plenty of Will) as I'm single, on benefits and I am paying Bedroom Tax. I start a placement next week with a view to getting back into work (I hate being on benefits
).I live in Wales btw. I know of an Article from a whistleblower about how this Company operates but was unsure whether to post it. They appear to get a bonus if they issue 6 tickets a day.
Any thoughts would be appreciated.
Comment