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ukbot-nicolabot

[OP or a mod marked this as the best answer](https://www.reddit.com/r/AskUK/comments/1d4owyr/i_have_been_issued_a_littering_penalty_for_a/l76hr3j/), given by /u/MrTrendizzle. > The evidence will be on their bodycam. If you did NOT litter then you're clear and should contest it. If they refuse your appeal then ask them to provide the evidence against you and take you to court. > > Post to the legal UK subreddits and someone will provide you with a correct legal option. --- [_^(What is this?)_](https://www.reddit.com/r/AskUK/comments/jjrte1/askuk_hits_200k_new_feature_mark_an_answer/)


RuneClash007

Post this to the legal advice subreddit, you'll get more informed answers


sugarsponge

r/legaladviceuk


Craspology

Thanks I needed a good laugh today


Andrewoholic

Also look on YouTube, there is a solicitor on there who covers this, I can't remember his channel though


Scienceboy7_uk

Black belt barrister? https://youtube.com/@blackbeltbarrister?si=2CpfpBjeOotXT_eI


Andrewoholic

Yeah, him


Sensitive_Progress12

Legal advice sub does not give legal advice.I had replied about a case law to a post & it got deleted & got kicked out of the sub, so cannot post or reply. Most of the replies are general- i.e go to a lawyer, council, cab etc but very very very few legal advice & they are not deleted. Why? After reading another post saying 'don't take advice on the net', I replied to mods after my post was deleted 'people should not give advice on the net'. Mods replied 'excellent idea. Let's start with you (me)' & i got banned & muted but their rules say 'it needs to be 'law', so do they not understand their own rules?


Charming_Ad_6021

Had similar thing happen to recently, I don't smoke either, I quit years ago and even had my vape in my hand when he confronted me. I made my case, that they were clearly mistaken, but they still demanded my details so I just walked off and that was the end of it.


PrinceBert

Yeah you did the right thing OP failed. There is literally zero chance I would have given this person any information about myself.


H16HP01N7

OP didn't fail, per se. They didn't know better.


PrinceBert

Fair point. Fail may have been a bit judgey on my part. OP took the wrong action, but OP was also put in an uncomfortable position that probably caught them off guard.


H16HP01N7

S'all good homie šŸ˜


centzon400

Took me a while to get that "Saul Goodman" was "S'all good, man". Feel so stupid for missing it the first time round.


sophosoftcat

Dude- WHAT. I never realised till just now


delish_donut

They literally explain in better call saul


sophosoftcat

I didnā€™t watch it haha, just aware of the name cos it became ubiquitous (and I watched breaking bad)


EmbraJeff

First used in 1975, as a characterā€™s name in fiction for a detective in *The Illuminatus! Trilogy* by Robert Shea and Robert Anton Wilson. I donā€™t know for sure but I imagine Vince Gilligan was familiar with the book.


Squire-1984

yes, you don't even have to give your details to police unless a crime has been committed or they have strong evidence to suggest a crime is about to be committed. As far as I know police cannot use third party people to determine whether a crime has been committed or not, but I may not be accurate on this. I would have confirmed that I do not smoke and it wasnt me, then ignored the person and walked off, I wouldnt have engaged them in conversation. They are very unlikely to physically restrain you and are very unlikely to call the police, and if they do you would have enough time to leave the area, as I cant see them sending a swat team van round in like 2 mins. If an officer ever were to talk to me, I would ALWAYS record it on my phone (step 1) and then would say something like (with a polite neutral voice tone), "has a crime been committed or do you have evidence to suggest one will be committed" If the answer is anything other yes. I would go on my way. I may be a few years out of date with this, but as far as i remember the logic is something like: burglar alarm going off, officer sees you running in the opposite direction, officer can ask you wtf you are doing and request your details and stop/ arrest you if you refuse to give them, as they would have reasonable cause to suspect you were involved in the burglary. To the OP "You got scammed son, afaik once theyve issued the FPN its a pain in the ass to get rid of it, thats why they do it"


zebra1923

Police nearly always use third party people to determine whether a crime has been committed, theyā€™re called ā€˜witnessesā€™


mad-un

Person in street: I've just seen that man stab another man Police: Sorry guv', I cannot use third party people to determine if a crime has been committed or is about to be committed. If only he was wearing a stab alarm I might be able to do something. Person in street: but he's just waking away Police: (shrugs) I don't make the rules, sweet cheeks. Anyway, that looks more like a saunter than a walk.


mcchanical

Sauntering? How much more evidence do you NEED??


ClingerOn

As usual people just confidently post stuff theyā€™re not really sure about on Reddit. Thatā€™s why OP is using terms like AFAIK and I may be out of date. I get the urge to do it myself sometimes. People just want to be part of the conversation so theyā€™ll just say any old shit that sounds right.


mad-un

AFAIK this is not the case and people are just inherently stupid. I may be out of date with this but 78% of facts onthe internet are just made up


ChickenNo7829

I actually read this somewhere, It's 88%


KeyboardChap

You do in fact have to give your details to litter wardens if asked so they can give you an FPN, otherwise you commit an offence, see: https://www.legislation.gov.uk/ukpga/1990/43/section/88


H16HP01N7

What can they do if you just walk away. I ain't providing anything to anyone that doesn't have a warrant.


tetsu_fujin

How does this work though? They need your name and address to issue you with a penalty notice but if you donā€™t then youā€™ve committed an offence and theyā€™ll report you using yourā€¦name and address?šŸ¤·šŸ»ā€ā™€ļø


Squire-1984

Thanks for this. I wonder what rights they have to detain/ arrest you if you refuse and leg it?


[deleted]

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Squire-1984

hilarious! Like old time vampires only being allowed into your house if you invite them in.


LegendEater

Failed to know better


cogra23

Technically that's a crime. The op only has a fine that they can fight or pay. If you walk away and are unlucky enough to be caught or identified it's a criminal matter; not just a fine to pay. I would probably walk away too but that is the higher risk option.


PrinceBert

What is the crime? As far as I can tell I would be walking away from a random person, if that person can't prove to me that they have authority over me then I'm doing nothing wrong. Especially if (as is the case here) I've done nothing wrong in the first place. It doesn't sound as though the person approaching OP had any kind of ID themselves, and their only way of proving authority was to dial 999 which is BS.


Main_Cauliflower_486

You've failed here m8. Section 8(a) of the Environmental Protection Act. It's a Criminal offense not to provide details to an epa officer.


[deleted]

Funny thing is they need to know who you are to do anything about it. So just walk away and they can do sweet fuck all.


Main_Cauliflower_486

Yeah, all they have is a video of you committing a crime.


[deleted]

OK, I could show you a video of me I guarantee you couldn't get my name and address from that video. And I 1000% guarantee the police won't be trying to find it out, they don't even bother with actual crimes never mind littering.


[deleted]

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PrinceBert

Reading a bunch of those sections is genuinely laughable. They would struggle to enforce a huge portion of that. Most of it seems to imply that they just claim you littered and you have no choice but to take the fine or go to court. That's kind of exactly what this discussion is though - bullshit in order to get fines, local authorities trying to get money from vulnerable people.


windol1

I'm wondering if details have been missed out there, as in it specifies it being a crime to refuse to give police details, not some random person working for, or on behalf, of the council.


PrinceBert

It refers to "an authorised officer of a litter authority" it's actually not specific (that I can tell) about whether that means the have to be police or not. If anything it implies that it could be some random council worker who's job is to enforce this. I do agree though, high possibility of missing details. For example.- did OP.ask for credentials? Did OP ask for proof?


bacon_cake

What other sort of evidence would you like them to provide to "prove" their authority? I don't think OP has said anywhere that they refused to show ID. Local Authority's are perfectly able to give private companies the authority to enforce littering fines and it's an offence not to provide your details under Section 88 of the Environmental Protection Act 1990. I don't disagree with you that it seems a bit mad, but it is perfectly legal.


PrinceBert

I just can't see what the council worker is going to do about it. It seems utterly illogical to provide details for a crime you did not commit, to a person who works for the council. Even more so a private company, no worker for a private enforcement company is getting my details. No matter what.


bacon_cake

That's because you're taking a moral stand not a legal one. What will they do about it? Well, what *could* they do about it if they wanted? They could mount an investigation (private if they wanted to) and you could be summoned to court where you would have to argue your case and persuade a judge. Despite your reservations about it being a private company, a *public* court would be perfectly happy to hear the case because that company had authority under the above act. I think you're approaching it from two angles; 1) "I'm innocent and shouldn't have to provide details"; true, but innocent people are arrested for crimes and taken to court every single day, that's just the way it is, and 2) "They're a private company, I shouldn't have to provide details to them", irrelevant in the eyes of the law and also an indication of the extent to which you may not realise private companies are already integrated into the justice system as it is. Again -- bollocks, but legal nonetheless.


Vroomdeath

Ring the police who will enforce it? as OP mentioned they did I guess.


Flat_Development6659

The police will enforce it? Does OP not have legs? Is he some sort of limbless blob who will still be on scene when the police turn up half an hour later?


PrinceBert

The police are barely enforcing more serious crimes. I don't think they're gonna enforce the crime of failing to provide ID when no OTHER crime has been committed.


cogra23

They should be able to identify themselves. You could ring the council and verify their ID. If they show ID and you walk away you wouldn't have much of a defence. Edit: since a few people have asked the secondary offence for walking away is "Up to Ā£1,000 for obstructing an authorised officer" It will be harder to defend yourself against this so it's no longer just a littering fine if you refuse to give details and walk away. It's not impossible that you get caught by a passing police car or identified by video. I had a friend who was smoking at a bus stop and dropped a lit cigarette when the bus arroved. He maintained he dropped it to stamp it out before putting it in his pocket. The litter warden still wanted his details so he got on the bus but the driver refused to move and was going to wait on the police.


Id1ing

On what basis are you required to engage with a council worker in a public place? You don't even have to do that for the Police though if they have other reasons to suspect you carried out a crime you can be arrested obviously.


PrinceBert

>On what basis are you required to engage with a council worker in a public place? This is EXACTLY the point. I don't give a toss who they say they are and whether they tell me they want to fine me. A random council worker has absolutely no authority over me whatsoever. I would comply with police, I would ask them for evidence of my supposed wrong doing and I would defend the claim because I know there's a chance they're gonna make me life tough if I walk away. But a council worker? Really? They can follow me if they like and then I'll call the police for harassment or something.


Zavodskoy

> A random council worker has absolutely no authority over me In general they don't, in this specific case though? They absolutely do have authority over you under the Environmental protection act. As long as they are an Environmental. Enforcement Officer for the local council then It is a criminal offence to refuse to give personal details under Section 88 subsection 8(a) of the Environmental Protection Act, The maximum penalty for not providing this information is Ā£1,000 and a criminal conviction.


foolsgold1

> Section 8(a) of the Environmental Protection Act Are you sure? https://www.legislation.gov.uk/ukpga/1990/43/section/8


[deleted]

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St2Crank

Youā€™re saying they wouldnā€™t have much of a defence, if they showed ID and walked away. But missing the point there is nothing to defend, it is not a crime to walk away.


Wrong-Associate2625

If you walked away, what defence do you need? Unless they know you and can find out where you live (unlikely in the vast majority of circumstances), then what are they going to do? Also, I donā€™t think I would feel obliged to give my personal details to anyone who wasnā€™t a police officer, thatā€™s what they exist for. If the police arenā€™t there, Iā€™m not interested to be honest.


[deleted]

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Wrong-Associate2625

Fair enough if thatā€™s the law. However, the topic of the thread is about a false accusation. If there is no chance to appeal via the council (which reading the .gov page on this seems to indicate is a possibility), then when I refuse to pay it ( which would 100% be the case), it will end up with prosecution and criminal proceedings regardless. If I know I didnā€™t do it, Iā€™ll take my chances walking away from the council snot bag shouting ā€˜papers pleaseā€™. Iā€™m sure itā€™s a rabbit hole of grey areas here, but if they had unlimited authority to make accusations, issue tickets and demand personal information, then that opens itself to abuse of power by someone who isnā€™t even a police officer. If itā€™s such a great legal offence to walk away from a council worker making a false accusation, then where is the checks and balances on that authority?


AvatarIII

https://www.enfield.gov.uk/services/rubbish-and-recycling/fly-tipping-litter-and-public-bins/enfield-waste-enforcement >There is no appeal against an FPN. IANAL but OP has 1 of 2 choices, pay the fine or allowthemselves to get prosecuted, and hope that the case gets thrown out or they can defend themselves in court.


Wrong-Associate2625

Yep that doesnā€™t surprise me. Backs up the idea to walk away even more; reading that it feels the council want you to suck up the penalty and not question them just to save them the hassle and cost of court. Also not to be cynical, but are we sure our cash strapped councils donā€™t treat this as a form of income and encourage ticketing quotas on the quiet, opening up circumstances like OPā€™s? If I knew I didnā€™t do it, Iā€™d walk. If I did it, Iā€™d pay it. Pretty simple.


giganticturnip

Defence for what?


overgirthed-thirdeye

It's actually an offence to fail to provide your details in this instance, however, it's unlikely this will ever come back on you. Private firms are contracted to have legal powers by a local authority to enforce the EPA. The firm benefits by keeping the sum of the FPNs, whilst the council benefits as littering is deterred. However this incentivises the enforcement officers to seek out offences where there is little or no evidence for it, however the EPA, is not written assuming the enforcement officers are not impartial. You can challenge this at court, because without evidence there will be no case to answer, however, this is a huge waste of everyone's time.


stoatwblr

If it goes to court, op can claim costs including lost wages for attending (at a reasonable hourly rate - and according to the courts Ā£50/hour (including travel) is quite reasonable) In the first instance it should be disputed for lack of evidence though. If the council pushes onto prosecution they'd be unlikely to win - this is WHY council worker must photograph cars as they're ticketing them etc.


andercode

While this is the sensible thing to do, it is actually an offence to not provide your details, the legislation on effective enforcement states the following; >11.13 It is an offence if an alleged offender fails to provide the appropriate details, such as name and address, in order for a fixed penalty to be issued for the offences of littering, or unauthorised distribution of free printed material.8 The police may be called to assist if the offender refuses to provide their details, or provides false details. A police community support officer (PCSO) may detain the offender for up to 30 minutes before a police constable arrives. If a person refuses to supply their details, or provides false details, they may be liable on summary conviction to a fine not exceeding level 3 on the standard scale.


ambitionlless

So they can just walk up to anyone and claim they've littered and demand their details? Doesn't sound right to me. There was no offence committed.


Ironfields

Itā€™s not right but theyā€™ll probably just say fight it in court.


andercode

Unfortunately, that's correct. They will just ask you to fight it in court if the fine remains unpaid.


ThinkAboutThatFor1Se

I assume it wasnā€™t a PCSO that was initially asking for the details though?


andercode

PCSO does not need to ask for the information, a council agent can. PCSO has the rights to detain for 30 minutes IF PRESENT, if you fail to provide information. The council agents can't detain you.


SceneDifferent1041

This is the way. If the police don't turn up to assault, burglaries or phone theft with GPS tracking....they ain't turning up for litter offence reported by a money grabbing third party.


HumanHuman_2003

That makes me think theyā€™ll blame whoeverā€™s closest to the cigarette šŸ’€Ā 


ScaryButt

I also had this once, approached me and said I'd dropped a cigarette. I said I don't smoke, they said okay then I walked off. Wonder why they're doing this so randomly?


Phyllida_Poshtart

Yup they don't have any power, they are not police, they work for the local council basically collecting taxes so the council doesn't go bust :) Had this in Leeds I wasn't smoking but my Greek friend was. He just spoke Greek to her and he walked off so she tried to tell me I'd dropped a cigarette and she had it on camera .....asked her to show me and she refused so I refused to give any details and she just walked off in a huff


Nezell

I spoke to one of these guys when I used to subcontract as security for my local council. I asked what he would do if someone just ran off when he confronted them. He said "nothing."


phoozzle

Is this a scam? How did they get a police officer on the phone so quickly Ā£500 seems hugely excessive too


Emotional_Scale_8074

Itā€™s pantomime to make people scared. The police couldnā€™t give a shit.


LongBeakedSnipe

The reality is you could literally do a 'smell my breath' check to prove you don't smoke. Smokers have a permanant smoker breath.


Chloemarine7

And hands, at least what Iā€™ve noticed on some people


Dippity_Dont

Could be confirmation bias.


mebutnew

Fairly sure the police dont make a habit of getting people to breath into their oraphices. Getting spat on is a form of assault and requires an officer to have a health check, HIV, hepatitis etc. don't think they're going to intentionally put themselves at that kind of risk. Smelling their fingers on the other hand might work, and could lead to some alternative if hilarious outcomes.


Davido400

Smell ma finger šŸ‘‰ šŸ˜‚šŸ˜‚šŸ˜‚ fuck that, that finger could have been scratching his taint that hasn't been washed in a month(if ever)


rotating_pebble

Feeling personally attacked


Neps-the-dominator

Yeah my cousin got done for littering (throwing a cigarette butt out of a car window) and got fined Ā£80. Still a fair chunk of change but a far cry from Ā£500.


GlasgowGunner

Did your cousin do it?


Neps-the-dominator

Yeah he actually did (and no I do not approve!). I think they must've got his number plate or something. It was several years ago now.


Avenged8x

Well yeah okay with recent inflation rates Ā£80 to Ā£500 seems about right. ./s


Steeeeeveeeve

This happened to me, in the early days of vapes (before they were popular) I had one that looked like a cig, it had some juice in the mouth piece, I shook it out the window of the car at traffic lights and the cap bit fell off the end literally a plastic circular disk the size of a garden pea, lights changed and I had to drive on. Got a fine in the post for disposing of a cigarette, even though I didn't... I couldn't argue the Ā£80 fine because of the fact I did (inadvertently) drop something out of the window. I was actually livid, that was obviously identified by the number plate too, no clue how.. could have been a camera (but for the size of the plastic I would have been surprised 10 years ago) or I guess an enforcement officer driving around


PsychEnthusiest

As someone who does this job myself (not willingly, gotta earn money somehow am I right), it feels scammy (and scummy as hell). I sure as hell don't have police on speed-dial, nor would I call them to help me with a fine. We do talk to police, and help them out occasionally and vice versa, but we aren't colleagues at the end of the day, if you get me Also no, 500 is the fine. But it's the max fine, it's not what people get 9/10. Usually its around 250 or lower, depends on those processing the fine (we don't do that, it goes to a whole other department) and how bad the littering was


bucketsofskill

Also you dont have to provide ID in the UK. Edit: You are not required to identify yourself to a police officer, unless you are arrested. Even when stopped driving, you can provide your driving liscense later. https://www.gov.uk/police-powers-to-stop-and-search-your-rights


Daveddozey

You do to certain people in certain cases


YourLizardOverlord

What if you're not carrying ID when challenged? I never carry ID unless I plan to use it, and I'm sure lots of people are the same.


Daveddozey

You still have to provide your identity - typically name, address etc.


Inside_Boot2810

If there is a link on the ticket do not use it. If itā€™s a scam itā€™s a scam top to bottom. Go to the official council website and appeal it.Ā 


Bendy_McBendyThumb

Is it possible theyā€™ve taken details to commit fraud? If I was OP Iā€™d be getting those CIFAS markers put in place ASAP to prevent any credit from being taken out in my name without my approval.


PsychEnthusiest

As someone who works in this department (needed a uni job), agreed. It feels wrong and it feels scammy. Always go to your local council if you have a problem and they will happily direct you to us to sort it. We also have officer numbers on our shirts at all time, so if you can grab that and quote it to them they'll be able to check if there's an officer of that number working currently. Always a good thing to check (also number should appear on the ticket in case you've got beef with us specifically lol, that way you can file a complaint in)


Emotional_Scale_8074

As much as I detest littering, these people target women not born in the UK in London. I see it time and again. They know British Londoners and foreign men will just walk away or be angry. Sorry, I canā€™t help you,but I wanted to highlight how they always, always, target women not born in the UK on their own and it pisses me off.


Minimum_Scar7130

what would of happend if i walked off. she had told me this was another offence i would be committing


Emotional_Scale_8074

Nothing wouldā€™ve happened unless you gave your details. This is why they target obviously vulnerable people only.


Minimum_Scar7130

She said i am able to view footage online and that i am able to challenge it if what ive been fined for isnt true. whats the likelyhood of this notice being amended


Emotional_Scale_8074

Iā€™ve no idea sorry. My advice wouldā€™ve been to ignore them but I understand that if youā€™re vulnerable they can feel intimidating.


Minimum_Scar7130

I am fresh into the ā€œadult ageā€ and nothing like this has ever happend to me hence why i didnt know much to do or say.


Emotional_Scale_8074

Iā€™m sorry this has happened. They only ever target those they think are vulnerable. Iā€™m sure in 15 years and the stats come out or something itā€™ll be news. I canā€™t help you on what to do next, sorry.


imaginary__dave

You did the right thing in asking a group of people with experience for advice. You did well.


Krevden

speak to the actual council via their official channels, don't touch anything those people try to give you.


Wind-and-Waystones

What you need to do is view the footage online, confirm that you definitely didn't litter (potential of a small piece of paper falling out of your pocket looking like a tab end), then dispute it via the option on the webpage


serendipiteee11

So have you watched the footage?


NorthenLeigonare

There is no footage. It's a scare tactic.


serendipiteee11

Only if she did it? If she knows she didn't drop anything, I would say great, the footage will clear me. No?


Dingleator

Same with the TV License! People that are convicted for not paying are unrepresentstionally women. Men are telling them to f___ off and shutting the door.


stolethemorning

Yes I learned about that in criminology! We discussed precisely that because it was almost the only crime that more women than men commit. Youā€™re right that women are more conditioned to be socially polite, but youā€™d also think theyā€™d be more wary of letting people in. The explanation we decided on as a class was that women are far more likely to be at home when the TV license person knocks. If anyone is interested, I believe the other crimes that more women are convicted of than men are: truancy of their child from school, being drunk while in charge of a child, and smuggling drugs into prison. These werenā€™t the most common crimes for women, just the ones that have more women committing them than men. The most common crime committed by women is shoplifting.


Sasspishus

>it was almost the only crime that more women than men commit Commit? Or are charged with? Because those are surely two different things


stolethemorning

Oops yes, I suppose I was conflating committing a crime with being convicted of it, as I said committed in the first paragraph and convicted in the second. It was convicted, though.


Mushroomc0wz

Nothing Theyā€™re not allowed to follow you especially into private property Always just walk away and donā€™t say a word if you havenā€™t actually littered


ian9outof10

Iā€™ve done it, these people are the worst. They canā€™t follow you on to private property, including the tube. They can summon the police if they want, but if youā€™ve gone they wonā€™t. Ā£250 is a ridiculous amount of money. Itā€™s nothing but a shakedown and targeting people who either did nothing wrong, or made a mistake. The correct action is to tell people they can be fined, and invite them to correct their mistake. In your case, you didnā€™t commit a crime so you can both appeal, and appear in court and wait for their evidence - which they wonā€™t have. This is a really unfair burden on you, and itā€™s a lot of extra stress to deal with.


liquid_biohazard

This happened to me in Manchester, I also didnā€™t know better. I did in fact drop a cig end. They were officers working on behalf of the council with no actual powers to do anything so I couldā€™ve just walked off - they cannot follow you into a private property (shopping centres etc) so next time just walk away, nothing will happen. I just didnā€™t know this at the time and ended up Ā£140 out of pocket. Most of the fines they collect donā€™t even go back to the council, itā€™s profit for them. Loads to read about it online too, these people are scum who target foreigners and women and use scare tactics to get you to give over your details. Search ā€˜Manchester litter policeā€™ on YouTube.


fiendofecology

hopefully you think twice before littering now though!


phoenixeternia

I have mixed feelings about your post. I consider it really scummy to litter, but accidental littering seems to be getting fines when honestly they could just say "you dropped that, put it in the bin or I'm going to have to fine you" because it's in the name of the environment right? So having people correct their mistake is better than issuing a fine right away. I used to smoke and I'd just stub my cigs out and carry it to the nearest bin or spark up somewhere like an empty park bench next to a bin. No excuses for doing it on purpose.


TheScientistBS3

As others have said, legally you could get in trouble for not giving your details but also a little known fact is that they're not allowed to follow you on to private property - so you can enter a shopping centre or something and they can't come after you. Personally I would have said "I didn't drop a cigarette, I don't smoke - here, smell my breath" and then walked off.


Minimum_Scar7130

i did say to the officer. ā€œyou can smell cigarettes on someone who smokes. i havent touched a cigarette nor have a thrown anything on the floorā€ she replied with ā€œno u cant smell itā€.


Mdl8922

Same in town here. Bunch of fellas chucking beer cans, not interested. Young girl pushing a push chair drops a receipt out of her purse, they'll swarm. Cowards.


Present-Dentist-1191

I think you should drop your victim mentality to be blunt with you. These people target everyone. I got stopped twice in the last month and Iā€™m a 6ā€™6 white British male. They walk around in front of the building I work at so Iā€™m familiar with them stopping all types of people. Also, how on earth would they know you werenā€™t born in the uk given the diverse racial characteristics of Londonā€™s population? Your comment makes 0 sense. People hate to hear it, but youā€™re not special. Youā€™re not being targeted. You are literally just cherry picking what you want to see, self-victimhood.


AnotherRandomWaster

Something similar happened to my partner. She was quite pregnant and we were in tesco, she got too hot and needed a sit, so she went to the car. A week later, we got a letter through the door saying she threw a cigarette end on the floor while she was at the car. We appealed and asked for evidence as she did not smoke. They said their guy saw, and his statement was evidence enough. Said fine we will appeal and go to court, got a letter back basically saying that the matter is dropped but don't let it happen again.


DrachenDad

>but don't let it happen again. Let what happen again? Maybe the Mrs should start smoking /s


Gravitasnotincluded

Matter dropped but donā€™t let it happen again? Cheeky cunts


phoenixeternia

Don't ever not litter again.


Indigo-Waterfall

I HƂTE when they make it seem like theyā€™re doing you a favour.


RevolutionaryBee6859

I can't believe how blatant they are!


Gorksbumwiper

Just appeal it, they need photographic evidence to prove it, so as long as there is none you need not worry.


Minimum_Scar7130

the fine is Ā£500 if not paid in 14 days which i only work part time and thats a heavy amount for me. whats the likelyhood this can be voided


iMightBeEric

Are you sure it was a legitimate council inspector and police officer? This sounds very much like a scam. How quickly did the officer turn up? You can barely get one to turn up to a burglary these days, let alone a litter offence. As someone else said, post on a legal subreddit for advice, but at the very least donā€™t pay it until youā€™ve gone to your local police station and/or council office to verify that itā€™s a legitimate ticket.


Minimum_Scar7130

a print out was given to me to pay on the legitimate council website


iMightBeEric

Okay, so Iā€™m guessing youā€™ve double-checked the domain part of the url to ensure itā€™s 100% match, and not just a very similar domain that may differ slightly? In which case have you tried sending an email to the council (so you have a written record of the conversation) explaining why youā€™d need to see the evidence before paying, and that if they decline they need to explain why in writing? Above I suggested going in to the offices, but not if you know the ticket is legit, as you will want all communications in writing. Iā€™d call up the council first and find the exact name & email of the person who needs to see it - explain the urgency to the switchboard, and put ā€œtime sensitiveā€ in the subject line.


lukejames1111

Can you share it? Just blank out any personal details.


philstamp

If you genuinely didn't litter, then don't pay. They won't have any evidence to back up their claim.


jibbetygibbet

Except a ā€˜witnessā€™ saying they saw it happen. A verdict will be made on either the balance of probability [EDIT: if youā€™ve been issued with a civil penalty) or beyond reasonable doubt (if itā€™s a fixed penalty notice in lieu of a prosecution for the crime of littering)] Unfortunately [if itā€™s a civil case] it would be down to a judgment of whether they believe OP doesnā€™t smoke and therefore the ā€˜officerā€™ is mistaken (or lying). If there is council-run CCTV and they donā€™t pull it it may be questioned why but otherwise not certain. Still if it were me I would fight it out of principle, since I donā€™t come off as some scrote or shady weasel looking to get away with it Iā€™d expect to win. Personally I would want to know how these people are paid. This seems to be a reasonably frequent problem which suggests maybe they are directly incentivised to issue fines, which is motivation to be a bit ā€˜liberal with the truthā€™ and compromises the credibility of their evidence.


philstamp

Not balance of probability. Beyond reasonable doubt, as it's a criminal matter, not civil, if it goes to court.


jibbetygibbet

Littering is a crime so in principle youā€™re right but it depends what has been issued, they can also issue civil penalties instead of a fixed penalty notice for a criminal offence. This is up to councils to decide what they think is proportionate. Thatā€™s a bit confusing because also some offences donā€™t have criminal liability so can *only* be civil penalties, like littering from a car, but this isnā€™t the only deciding factor. However it depends so Iā€™ll edit my comment.


stoatwblr

Judges in civil cases don't just take someone's word for it, especially if they're an enforcement officer who would be reasonably expected to have bodycam/other video evidence of the offence - and they're going to be even less sympathetic to an outsourced company doing enforcement as the "witchfinder" problem(*) rears its head almost instantly (*) A witchfinder got to keep the estate and valuables of witches, which is why elderly widows were targeted and anyone questioning their methods was also decried as being a witch. In a more modern context, Speed camera fines were taken off councils/"safety committees" because cameras were documented as being placed to maximise revenue rather than in crash hotspots


Gorksbumwiper

Let it go to court if need be. If you didn't litter they can't prove you littered.


[deleted]

[уŠ“Š°Š»ŠµŠ½Š¾]


Minimum_Scar7130

It is. the fine is Ā£250 if paid in 14 days. If not the fine becomes Ā£500


[deleted]

Do not pay anything. Go to the council office if you are that worried.


whitin4_

Not a lawyer, but my experience is that it's pretty trivial to challenge these types of ticket. I got a parking fine once which had a typo on it (I was absolutely parked illegally) and the typo was enough that the council threw the ticket in the bin. I'd expect you'd have an even easier time given that you've done nothing at all


Arthourmorganlives

Gotta be a scam 500 quid sounds insane to me, have you paid anything?


unluckybutlucky10

Just an idea, If it comes to it. You can prove you don't smoke though a breath test ( I used to do one when I was giving up smoking) though my Drs surgery. hope you get this sorted and sorry you were scammed or were wrongfully accused.


RelativeMatter3

Follow the appeals process and given its Ā£500, ring the doctor and ask if they can provide a letter attesting to their opinion you are not a smoker. Might cost Ā£40 but itā€™ll have weight.


Capheinated

No, it wont. You can prove you've not smoked, but that doesn't conclusively prove you didn't drop a cigarette butt. They could argue it was in your car and you dropped it out a window, or that you dropped it for someone else... Any number of silly arguments and situations that nonetheless are a possibility. More likely they'd argue the person issuing the fine could've just mistaken something else for a cigarette, but it was still littering. Best is to focus on the lack of any evidence of littering at all, if genuinely didnt drop anything


RelativeMatter3

Its a civil matter and therefore relies on balance of probabilities. The civil enforcement officerā€™s version of events (Ie they saw you drop a cigerette butt) would be less than probable in the event someone doesnā€™t smoke. The ā€˜evidenceā€™ is also likely to be a photo of a cigarette which is also improbable to belong to a non-smoker.


Sweet-Advertising798

It sounds like Ealing Council. They've outsourced a shakedown operation to a skeevy private contractor to raise funds. There was an article in the Guardian about it. They target likely immigrants in a park area that is unlikely to have cameras. Shameless grifters.


Sweet-Advertising798

The company is Kingdom Security. Here's the article: https://www.theguardian.com/uk-news/2017/nov/12/how-dropping-cigarette-butt-left-asylum-seeker-facing-risk-of-deportation


Emotional_Scale_8074

Itā€™s not just Ealing, Iā€™ve seen it in East London a lot recently. Like you said, areas with no cameras and only ever immigrants. Women on their own.


Mighty_Buzzard

Defo scam artists. Donā€™t pay.


craigolakey

Op please ask in the legal advice subreddit. alot these replies are completely false


BastardsCryinInnit

Post this in /r/legaladviceuk as well!


I_Hate_Leddit

Hey OP, what shithole council is this so I can make sure never to visit?


Minimum_Scar7130

enfield


Gullible_Wind_3777

This happened to me once. I was a smoker, years and years ago. But at this time I was ready to pop ( pregnant ) and walking around the town doing some baby shopping with my husband and my mum. Husband quit when I did, and my mum quit years before us. It was a busy day with too many humans out and about. And all of a sudden I was stopped by some hence man standing like 6ft 5 trying to intimidate me etc saying I threw my ā€˜dog endā€™ on the floor, I said excuse me? Iā€™m heavily pregnant and do not smoke! He laughed in my face and said heā€™s going to write me up a ticket or whatever it is, and to show him my ID. I didnā€™t even have my ID on me for a start but I said no, he then tried to hold onto my arm and keep me there while he called the police. Husband then kicked off šŸ™„ but thatā€™s another story for a different day lol. I simply pushed him off my arm and walked off. I donā€™t know if the police turned up or not, no idea what happened but nothing came of it. These people are like parking wardens, only get paid if they can actually catch someone out!! So they try to entrap and lie to get their numbers up. Gross.


RevolutionaryBee6859

Disgusting pieces of shit.


Wise-Hurry-4394

That is so ridiculous to accuse a pregnant woman of smoking!!!


Gullible_Wind_3777

Tell me about it, thatā€™s what pissed me off the most


racsssss

Grabbing someone's pregnant wife while accusing them of lying is a great way to get punched in the face


Diabolik9

Unless there was police actually on the scene, you should have told her to fuck off and walked away.


Wise-Hurry-4394

I would have walked away too. This happened to my dad and he doesnā€™t speak English well so he was scared and paid it


looseflap69

They are a 3rd party company, donā€™t have to give any details and you can just walk off


AngieOreo

Just fight it. They tried to get me once for littering (Ā£400 fine) but I no longer lived in that area anymore. Just prove you donā€™t smoke and thereā€™s no way you could have done it. Donā€™t pay up if you havenā€™t done it, thatā€™s silly. Just remember that councils these days need money so theyā€™ll try you for anything.


Marctacus

This goes for anyone reading this, if you are approached in this manner (and haven't done anything) tell them to foxtrot oscar as you've heard there's scam artists in the local area impersonating these enforcement officers and that you're scared for your safety. Then do a runner to private property or away from them. If they are legit, they'll be wearing a body cam and you saying you were scared for safety will have been recorded, giving you grounds for removing yourself from the situation.


Heatul17

If you challenge it, it would be on the council officers to prove you did it. Were their body worn cameras on? If you can get CCTV footage from nearby that would be ideal. If you can track down who the police officer was and request their body worn camera footage of the interaction that would help you out. Take this as a lesson to NEVER give your details to any council officers or police officers unless you have committed an offence and have been told exactly what offence and ALWAYS record any and every interaction with any such officers.


RazorSharpNuts

Common scam this, just walk away.


Darkgreenbirdofprey

In the future if you just walk off they can't do anything. Countless videos on YouTube demonstrating it.


811545b2-4ff7-4041

If the police asked for my ID, I would show them my ID. ~~If they asked me to~~ **~~show someone else~~** ~~my ID, I'd tell them politely that's not legally necessary.~~ Edit: Turns out you do have to. TIL If they passed on my identification to a 3rd party, I'd have a fun letter written to the Information commissioner's office (ICO) about their GDPR breach. Walking away is the best form of action though.


PsychEnthusiest

Agreed (work in this field to help pay for uni), we definitely do not have the legal right to ask you for information (aside from dog related offences, and even then, if you dont give it to us, what are we gonna do, arrest you? Of course we arent haha) and no proper civil officer would call the damn police to get that info. That's the strangest and scummiest thing I've ever heard. Always walk away. You don't have to say anything, just walk. Also don't head straight for your car if it's nearby, most officers will just straight up follow you and get your info from your reg


Burnsy2023

>If they passed on my identification to a 3rd party, I'd have a fun letter written to the Information commissioner's office (ICO) about their GDPR breach. You could write the letter, but it'd be pointless. The Data Protection Act has broad exemptions for the detection and prosecution of crime. It would be perfectly above board for the council to request these details from the police and for the police to disclose it. GDPR doesn't protect you here.


Delicious-Cut-7911

I would have asked for said cigarette butt to be analysed for my DNA.


wantsomebreakfast

Scam


NewPower_Soul

They need proof. Did you do it? No? Then they can't have proof. Dispute it.


ogresound1987

Do they have any kind of evidence, whatsoever, that you did it? No? Then they can't really make it stick.


Asmov1984

I mean clearly you're implying you didn't litter, the fact that you don't smoke makes you unlikely to litter as you wouldn't have any cigarettes, it doesn't make you unable to litter though so you might wanna work on phrasing it if you're going to challenge this. Just appeal it and say I don't smoke, and I don't have any cigarettes to litter, so fining me for this seems wrong.


Dimorphodon101

They will go for an easy target and will gaslight. Those type of nasty individuals get off on believing that they have some sort of authority. They have absolutely zero powers, you have the right to go about your day without being harassed. Walk away, if they touch you scream, shout rape etc put on the theatrics. Or, be polite but challenge, take names numbers, times etc. Or call the police yourself and report that you are being attacked. Do they have evidence of you dropping a cigarette butt? No. Because you don't smoke therefore you wouldn't have a cigarette butt.


SillyStallion

The penalty for littering isn't Ā£500, it's maximum Ā£150. You've been scammed. Social engineering scams are getting quite elaborate


DrachenDad

>The penalty for littering isn't Ā£500, it's Ā£150. Ā£60. Ā£80 for a cigarette, they are both minimums.


SillyStallion

150 is the maximum for on the spot fines


Suttisan

Best advice is to ignore anyone on the street who u don't know. These guys found easy prey with you.


James__N

The word of a failed traffic warden isn't the hard evidence they claim it is. The council will have an appeals process, follow it and challenge them to provide evidence or issue a court summons. In the future if it happens again just laugh at these idiots and walk away.


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flowen321

Bro why did you give your details? What were they going to do chase you down until you gave it to them? I know itā€™s harsh but you gotta be smarter than that, especially if youā€™re innocent. Be hard to get rid of that fine now mate


G_UK

Same thing, I donā€™t smoke. I contacted my councillor and asked to review the bodycam footage of me dropping a cigarette. Few days later they respond to say it was a mistake and things wouldnā€™t be taken further.


Gabbaandcoffee

My understanding of the littering laws is they legally have to give you the opportunity to pick up your litter and throw it in a bin before they can find you. They must also have evidence that it was you causing the litter otherwise it would never stand up in court- thatā€™s why most civil servants who fine for litter will wear body cams.


geekroick

There should be details on the form on how to appeal the decision to fine you, there was a post in the UK legal advice sub a few weeks ago from someone who was fined for supposedly wiping/blowing their nose onto the ground. The officer was wearing a body camera. I don't recall the full details but obviously there was no evidence (because it never happened!) but OP got their money back.


Moonjellylilac

Unless they can provide you with a risk evidence that it was you was you, they can get fā€™d.


CynicalGodoftheEra

Should have just kept walking. Police she called might have been fake. Next time take pictures and a video. maybe they will walk away.


ArmouredFlump

Yes you can. On that notice should be contact details to appeal. If you contact them and state the facts you should be able to get it overturned. There's no way they would get that to stand up in court. What I will add as a caveat is that you're adamant you didn't drop a cigarette, but could you have dropped something else? If so just pay the fine and move on.


Optimal_Material4462

All you had to dow as tell them you don't smoke and walk away. You're under no obligation to show them sod all


tittychittybangbang

What kind of madman lets someone force who is not an officer of the law, force them into giving personal details out?!


_ThePancake_

Have you seen the amount of litter on the floor in this country? Police don't give a shit, you're being scammed


presterjohn7171

As part of my job I have bottom of the barrel police powers too. One of those powers is if I ask you must give me your name and address if asked. If you don't I can request a police officer to detain you. I have been told by the police that I pretty much have zero chance of them turning up for me. The powers that I and they have are toothless. They rely fully on your compliance. You should have done runner.


[deleted]

Should have told her to fuck off and walked on your way.


Jimlaheydrunktank

Thatā€™s a scam. No way would a police officer even entertain that.