Fixed penalty notice - help please

[Susie24]

Hi I am hopeful that someone can advise me
today a friends son was walking down a road having a cigarette, when he had finished it he flicked into roadside drain. He was then approached by council officer who said my colleague just seen you drop that (the colleague was not around) he then said unless my friends son gave his name and address he would call the police. As friends son was not inhis local area but on work lunch break he gave the details, he was then given a fixed penalty notice of £150.00!
The officer took no photos nor saw cigarette as it went down drain.
can my friend appeal this notice?
thanks in advance for any help

[islandgirl]

Search the council bylaws re littering and see if they are allowed to do this would be my first step. I doubt it matters if it went down the drain or he saw it do so. It will probably relate to anti-littering bylaws. Post the regs up here if you find them and are unsure

[echat11]

I would send them a SAR, they have 30 days to provide all the data on the incident, sounds like a 'phantom' council colleague. They may 'shoot themselves in the foot', especially if they can't name the colleague. Just give the date, location and time of the incident, don't specify anything else. You could also ask for CCTV footage (providing the area is covered by CCTV), that might show the 'phantom council colleague'.

Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[samsmoot]

A friend received a fixed penalty notice for littering but it hadn't been completed properly by the warden. They DID put down that a cigarette end had been dropped but DIDN'T state on the reverse of the notice which byelaw had therefore been breached. There were about 4 choices, only one of which could have been applied. So it wasn't a valid penalty notice and therefore no offence had been alleged (because the specific offence hadn't been indicated on the notice), so no payment was required.

Maybe worth getting your friend to take a closer look at the notice for any discrepancies. Errors of this kind happen often enough to make it worth double checking the paperwork.