Free Traffic Legal Advice

Hey all

Sorry - have been unwell and away from tech to even reply.

We didn't get around to sending any representation off for the allegation hence my father has received a '1st reminder' letter advising him to pay within 7 days (which have passed) as he only handed the letter to me over the weekend.

The letter states the case will be submitted to the legal team and prosecution proceedings will begin if payment hasn't been made.

Due to illness - I wasn't able to give this my attention on behalf of my father.

Does anyone have any advice?

He is still insistent on his part of the story - he is not at fault. The 1st reminder still displays the wrong name as previously mentioned.

Hi all

I am reaching out to you for a non-motoring matter. My father (69 years of age - retired) who rarely leaves his home was harassed by an official in London, accusing him of littering by throwing a cigarette butt onto the ground. My father has received a Fixed Penalty Notice as a result.

- My father does not understand what rights he has when situations such as these occur and if challenged as he was on this occasion, what he can and cannot do.
- My father was frightened into handing over his personal details due to the aggressive approach, demands and behaviour of the officer
- The Fixed Penalty Notice he has received is addressed to the correct address but the surname on the notice is incorrect. The surname noted on the letter and notice document is completely different to his actual surname. It's not a spelling mistake but rather a different surname altogether
- The officer (not a member of the police) was nowhere near my father (when the incident is meant to have occurred). The officer casually walked from the other side of a busy road over to my father and asked my father if he smoked before accusing him of littering
- My father did not litter or throw any cigarette butts (as accused). My father does smoke and was not smoking at the time. He smokes roll-up cigarettes (Golden Virginia tobacco) and not branded cigarettes which was what the officer accused my father of throwing to the ground. Also, my father doesn't smoke in public. Probably because I've told him off many a time for respecting the air which other people breath.
- There is no video or photographic evidence to support this allegation
- The letter accompanying the Fixed Penalty Notice states "an authorised acting on behalf of London Borough of Newham Council witness you/gathered evidence of you committing an offence under the Environmental Protection Act 1990".
- The letter accompanying the Fixed Penalty Notice doesn't have the officer's signature on it as it's a templated letter from the council. However, the Fixed Penalty Notice itself states “I have reason to believe that you committed an offence” and this notice is signed by the officer who harassed my father. This Fixed Penalty Notice should have stated the same message as the accompanying letter if the officer was telling the truth rather than having a reason to believe.

I can provide copies of the letter and fixed penalty notice if required.

I hope we can clear my father's name