Legal Advice needed.
Author
Discussion

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
Ok on friday i received a letter from the council saying they want a £75 for dropping litter (cig butt) from my car. Now the reg number on the letter is different to the one on the car. Not massively different they've just written a D down instead of a O. Where abouts do i stand on this?

Eric Mc

125,913 posts

296 months

Monday 4th August 2008
quotequote all
Are you guilty as charged?

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
Don't remember it was about a month ago.

HundredthIdiot

4,477 posts

315 months

Monday 4th August 2008
quotequote all
Why would you need legal advice?

Just reply saying that you don't own a car with that reg.

Jasandjules

72,683 posts

260 months

Monday 4th August 2008
quotequote all
To clarify, your plate has something different to that on the form? BUT, the council obviously got the CORRECT plate from the DVLA to get the letter to your address?

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
Jasandjules said:
To clarify, your plate has something different to that on the form? BUT, the council obviously got the CORRECT plate from the DVLA to get the letter to your address?
They must have done but due to the reg being wrong on the letter i want them to prove it was me and not the reg on the letter if you catch my drift. If they had tracked down the reg on the letter they would have wrongly got the fine.

JRM

2,065 posts

263 months

Monday 4th August 2008
quotequote all
AndyKH said:
Don't remember it was about a month ago.
So you normally toss your cig butts out onto the street for someone else to clean up, rather than using an ash tray in your car?

In which case you deserve it, regardless of whether it was meant for you or not.

JRM

2,065 posts

263 months

Monday 4th August 2008
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biggrin

Marcellus

7,210 posts

250 months

Monday 4th August 2008
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£75 though..............it's cheaper to stop in a yellow box junction, get caught for speeding, non payment of congestion charge!!!!!!!!!!

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
I do smoke and i do use my ashtray, the reason i said Cig butts is because thats all i can think would have come out of my car as it definitely wouldn't have been anything else. I doubt very much that i did throw a butt out of the window but i have a letter so i must have done something, although the reg is different and therefore throws doubt into the equation does it not?

anonymous-user

85 months

Monday 4th August 2008
quotequote all
AndyKH said:
I do smoke and i do use my ashtray, the reason i said Cig butts is because thats all i can think would have come out of my car as it definitely wouldn't have been anything else. I doubt very much that i did throw a butt out of the window but i have a letter so i must have done something, although the reg is different and therefore throws doubt into the equation does it not?
Come on fess up. No one can say they only use the ash tray and then said it can only be a cig butt. You know you did it. Pay the fine and help pay for your horrible mess to be cleaned upwink

Edited by anonymous-user on Monday 4th August 08:54

Eric Mc

125,913 posts

296 months

Monday 4th August 2008
quotequote all
I despise the habit of smokers dropping butts anywhere and everywhere. I have no problem with "butt droppers" being fined. It's about time that the practice was "stamped on".

However, if you honestly cannot remember whether you were driving the car that day and whether you dropped the butt out the window, you may have a case. Does anyone else drive your car? Does the council have any other evidence besides just a picture of the car?

If so, you could plead "The Hamilton Defence" i.e. yes, someone in the car dropped a butt out the window but I can't for the life of me remember if it was me or some other driver.

Many of these prosecutions depend on the accused "self incriminating" themselves.


Marcellus

7,210 posts

250 months

Monday 4th August 2008
quotequote all
but surely there's a principle here??

councils can't be allowed to simply write to people demanding cash without proof??

randomman

2,215 posts

220 months

Monday 4th August 2008
quotequote all
Anything with a fine is guilty till proven innocent mate! Should know that by now.

Like the taxi firm owner that had to take a speeding hit even though he was in another country at the time as he was the registered owner of the car!

That'll teach him not to speed!

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
They have no picture either and yes someone else does drive the car , my other half does. So they have no picture and the reg is wrong.

walm

10,644 posts

233 months

Monday 4th August 2008
quotequote all
Andy - you are ignoring the multiple posts that point out that the reg IS NOT WRONG!

Sure, in the letter it is wrong - a typo.

But for them to have your name and address they would have to have your correct reg, otherwise they would be sending the letter to someone else (the guy with the reg in your letter).

Allow me to spell it out:
They saw someone drop some litter from your car.
They took the reg.
They looked it up.
They wrote to the registered keeper - you.
They typoed the reg in the letter.

For all the other posters on here whinging about cigarette buts, grow up.
£75 is a lot of money. There are far better things for the council to be doing - they are just chasing people in cars since they are easy to catch as they have a helpful bar code/id badge on the back.

I am not pro-littering I am just anti hassling the motorist because he is exceptionally easy prey.

AndyKH

Original Poster:

1,456 posts

227 months

Monday 4th August 2008
quotequote all
They may have sent me the letter but i'm say due to the reg being wrong in the letter whats to say they didnt look up the wrong reg in the first place?

JRM

2,065 posts

263 months

Monday 4th August 2008
quotequote all
walm said:
For all the other posters on here whinging about cigarette buts, grow up.
£75 is a lot of money. There are far better things for the council to be doing - they are just chasing people in cars since they are easy to catch as they have a helpful bar code/id badge on the back.

I am not pro-littering I am just anti hassling the motorist because he is exceptionally easy prey.
Bcensoredks - what gives anyone the right to dump their rubbish on the floor, it drives my nuts when people do this, it's totally inconsiderate, shows a complete lack of respect for basic social standards and makes our streets look like a junk yard.

The vast majority of people don't just dump things out of cars, or as they walk along the street, but smokers seem to think it is totally acceptable. Good on the council for actually enforcing some of these laws, it's about time people realised that it isn't acceptable to be so totally selfish mad

Simpo Two

93,064 posts

296 months

Monday 4th August 2008
quotequote all
I'd just write and tell them that the reg no is incorrect. Tie them up in knots and hopefully they'll go and look for a less awkward victim to screw a few quid out of.

Simpo Two

93,064 posts

296 months

Monday 4th August 2008
quotequote all
JRM said:
Bcensoredks - mad
Wait until you get a £75 fine for having your bin 3 grams too heavy. We'll see what you think of that...