Fixed Penalty Notice

[homertimpson]

My mate's 19 year old daughter received a £100 fpn from London for drunk & disorderly - only snag is she's in Glasgow and has never set foot in the capital

Only 3 options on the form - Pay up / ask for a Court appearance / ignore and see fine increased.

Phoned an advice centre and they told her that 'your guilt is assumed, best get a lawyer if you wish to challenge it"

So, travel to London and pay through the nose for expenses/solicitor or pay up. Ah - the cost of being innocent in the good old UK.

Has anyone south of the border had experience of this scam?

Homer

 

[breezer]

must be something else that can be done.

but its obvious who did go to london

 

[securespark]

Pay a solicitor for 30 mins advice, or see CAB. This needs sorting. The onus is on the Police to prove your guilt, not yours to prove your innocence. Put the ball in their court by writing a strong letter denying her presence in LOndon, and asking them to provide any evidence that she was. Tell them that if they cannot produce satisfactory evidence, they do not have a case.

Have you spoken to the department that issued the FPN?

 

[securespark]

must be something else that can be done.

but its obvious who did go to london

 

[breezer]

simple.

to get a letter to a person you need their name and address, (and in this case probably dob) so it has to be some one who knows her

 

[Adam_151]

Try again to explain to the FPN people the situation again, if no luck there then go to court, where you will surely be proved innocent (and I'd guess you can claim expenses?, but IANYL)

Yes...You have a right to take this to court, unless the act the FPN was issued under specifically repeals this right (and I don't think tony blair and his motley crue have managed to get anything like that through the parliments yet... thank god!) but as I say IANYL

 

[Spark123]

Either it is a genuine mistake or it is a scam. To who does the letter ask you to make the cheque payable? Can you verify this? Last time I got a parking ticket fixed penalty notice (my entire criminal record lol) it had to be made payable to the "Clerk to the courts" or something simliar.

 

[big-all]

get as much proof that you werent there sworn letters cashpoint withdrawals till recips dated pictures itemised phone calls pay slips travel tickets ect


but most of all tell them you wherent there and ask the procedure for proving innocence

they may cancel with minimum proof who knows without asking

 

[2scoops0406]

As the defendant do you not have the right to ask for the hearing to be where you want it to be? Trouble is you're now potentially dealing between two legal systems Englands and Scotlands. I don't think you can claim expenses per se. But if what you say is correct then you have a case for malicious prosecution.

Remember the law is an ass, however you have to play the game, failure to do so is very dangerous.

 

[homertimpson]

Thanks for the input.

My m8 brought the ticket in today.

It was issued by the Met Police for "harrassing members of the public at 7.40 a.m. on Sat 5th August" on a London Street.

Strangely, the paperwork has been passed on to [and accepted by] Strathclyde Police and Paisley Sheriff Court for collection.

His daughter has sent off a letter to the London office explaining that she's never been to London - fortunately, she was at work the previous day and the day in question and can provide acknowledgement from her employers.

Hopefully this should enable the Magistrates in London to rescind the demand for the fine.

Keep you posted.

Homer

 

[big-all]

dont know why the police cant take a picture [mobile phone]as part of the persons condition for accepting a fine and a cation then that would put the matter strait as no one blagging there identity will want a picture taken


good luck

 

[Thermo]

As the defendant do you not have the right to ask for the hearing to be where you want it to be

No

Write a letter explaining the situation with copies of a letter from the employer. State she will attend court if necessary and will claim all costs in connection with it. Dont bother on the phone. Make sure you send it recorded

 

[Spark123]

The thing that would concerns me as well is that the MET have failed to identify an offender correctly. This would raise the question if the offender has some knowledge of your friends daughter, i.e. could be one of her friends?, someone has come across some ID / confidental information? etc etc.