Author Topic: PCN for littering - Legal advice  (Read 7061 times)

Offline golf-sib

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PCN for littering - Legal advice
« on: 25 February 2013, 19:04 »
Got fined, last tuesday for littering a cigerette butt. But I am happy to admit liability but extremely unhappy how these a$$holes treated me. My fine came today. Basically, I was near work (I work at a court, oh the irony), when someone shouted, I looked behind with a work collegue and continued walking as it was no one we recognised, after about 10 meters I'm grabbed and pulled by my shoulder by this moron in a visiabilty jacket. I said
"look I'll go back and pick it up"

He asked for ID, which I stupidly gave him. What followed was me going:
"so is it a warning?"

The response i got was
"As you have given me your details, you have admitted to the crime and I can no longer issue you with a warning, had you gone back and picked it up you would of not got the fine or just a warning"

Even though I offered to go pick it up! Now I'm pi$$ed off as, okay I did it, but one there was no need to grab and pull me, as I wasn't running away just oblivious to some guy 200m away in a visability jacker with Greenwich council written on it (not a PC or PCSO), secondly as far as I can see it, it was entrapment. I sadly work on the civil side of the law so I can't get any good tips or advice at work. Thirdly, the fine is addressed to MR Alex XXXXX, where XXXXX is my middle name and not my surname.

Any tips or advice are appreciated, I'm not worried about the fine as yes I littered, I'm pi$$ed off with the way I was handled.


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Offline dom

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Re: PCN for littering - Legal advice
« Reply #1 on: 25 February 2013, 19:13 »
You could try your luck and claim that you didn't receive the fine, as technically it is not actually addressed to you :grin:

Offline JC

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Re: PCN for littering - Legal advice
« Reply #2 on: 25 February 2013, 19:18 »
you work in a COURT and are asking for legal advice on a car forum  :laugh: :grin:

my advice



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Offline golf-sib

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Re: PCN for littering - Legal advice
« Reply #3 on: 25 February 2013, 19:20 »
You could try your luck and claim that you didn't receive the fine, as technically it is not actually addressed to you :grin:

Technically I don't have a middle name, my passport no longer shows my middle name, but my driving license does, even though I no longer have it and it was dropped a long time ago. So I could send them proof of my passport where the first names match but the last names don't.

Chuff, I work on Civil law, marriage, evictions, small claims court etc... this is a Criminal offence. I use to know a few police officers on the criminal side that were liaison officers in the magistrates but they have now left.
« Last Edit: 25 February 2013, 19:23 by golf-sib »


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Offline jimmydub

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Re: PCN for littering - Legal advice
« Reply #4 on: 25 February 2013, 19:46 »
You could try your luck and claim that you didn't receive the fine, as technically it is not actually addressed to you :grin:

this.

but im sure he took your address, postcode, d-o-b etc... so doubt you'd get away with it.

the bloke had no right to touch you, and that is actually assault, so you could press charges, if you are THAT upset about it.

no offence, but you do deserve the fine. littering is littering. i used to smoke and never dropped butts.

Offline golf-sib

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Re: PCN for littering - Legal advice
« Reply #5 on: 25 February 2013, 19:54 »
You could try your luck and claim that you didn't receive the fine, as technically it is not actually addressed to you :grin:

this.

but im sure he took your address, postcode, d-o-b etc... so doubt you'd get away with it.

the bloke had no right to touch you, and that is actually assault, so you could press charges, if you are THAT upset about it.

no offence, but you do deserve the fine. littering is littering. i used to smoke and never dropped butts.

Not disputing I didn't do it, but I'm pi$$ed with how its handled, the funny thing is, I always use to put my butts in the bin and make an effort except for this once and I got caught out, what annoys me, I would be walking to the station, put my butt out and bin it and I would see these wardens in groups of 4, with kids 10m away littering and 5m away a group of guys at the pub dropping their butts and guess what they would run up to a woman or a man on his own or in a pair and fine them even though far worse is going on. They target the vulnerable rather than the actual criminals, who spit and litter on every occasion. If anything I've lost faith, next time I see vandalism, fly tipping, littering or spitting I won't make an effort to report or aid the authorities.


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Offline Thom89

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Re: PCN for littering - Legal advice
« Reply #6 on: 25 February 2013, 19:58 »
Suck it up and move on...

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Offline dTEA

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Re: PCN for littering - Legal advice
« Reply #7 on: 25 February 2013, 20:08 »
Oh the apathy on here...no one can be ar$ed to challenge anything.  Is it any wonder why the country is funked beyond repair  :grin:

I'd firstly lodge a formal complaint in writing to the Council involved.  You have to ensure that your colleague is prepared to be witness of you being grabbed.  It may not get you anywhere in the sense of the fine, BUT will deal with the element that you are saying you are angered by, which is the manner in which you were accosted.  THIS is the element that you need to stick you in your letter, along with the details of the Council employee who dealt with you.  The reference from the Court will be held at the Council end and they will be able to correspond with who dealt with you on the street.  And suck up the fine as its grim in this country with the amount of lazy barstewards who can't be bothered to move an extra 10 feet to put something in to the receptacle :laugh: provided

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Offline Raffe

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Re: PCN for littering - Legal advice
« Reply #8 on: 25 February 2013, 20:36 »
Oh the apathy on here...no one can be ar$ed to challenge anything.  Is it any wonder why the country is funked beyond repair  :grin:



No the problem with the country is people not wanting to take responsibility for their actions.

Not aimed at OP as they have already indicated they knew they were guilty for littering.
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Offline dTEA

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Re: PCN for littering - Legal advice
« Reply #9 on: 25 February 2013, 20:51 »
ap·a·thy  (p-th)
n.
1. Lack of interest or concern, especially regarding matters of general importance or appeal; indifference.
2. Lack of emotion or feeling; impassiveness.


[Latin apatha, from Greek apatheia, from apaths, without feeling : a-, without; see a-1 + pathos, feeling; see kwent(h)- in Indo-European roots.]

It still applies and I was talking wider than this post :wink:

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