A question for all you legal types...

The other day my dad was about to get in the car to go shopping, when he kicked some crisp packets that were on the pavement into the gutter. An eager member of an enviromental department in the Council was on his way to work and saw him do it.

He calls dad over, and told him that he saw him deposit the crisp packets onto the ground and could issue him with a fine. Dad explained they had been on the pavement, and he’d kicked them into the road as he knew the road sweepers were due along. The council guy told him to pick them up, to which dad said no, got in the car, and drove off.

Now I understand that littering is an offence etc but here is where I am asking for some advice.

2 days later, mum receives a letter addressed to her from this guy at the council, saying that she needs to tell them who was driving the car at the time (car is in her name) otherwise she faces a fine of up to £1000.

Having read this letter, it is full of mistakes - postcode of mum and dads property, mums name, and most importantly the date of the “offence” (as well as basic errors like being written in full sentences).

The letter states the 24th April 2010 as the date the offence took place, where as the form that needs to be filled in says that it happened on 24th March 2011. Here is where the question lies. We want to contest this letter, but mum is worried that she is going to get a fine/go to court. With the errors in the letter (the main one being the date), where would the contents of the councils letter stand legally?

Sorry for the rambling post, and replies/adicve would be greatfully received

leave it, let them take you to court, then show them up. it’ll be thrown out.

they have no proof anyway.

I know it is a chore, but if you can PM me the exact wording of the letter, I can have a look at it and investigate anything they claim in it.

What I would immediately suggest is that you write back asking under what authority they are requiring that your mother provide the information and what authority they are threatening legal action or a fine as you feel you have the right to know this before you take any further action.

This way at least you can come back and we can look at what they are suggesting is their authority and can give advice based on that information.

Off the top of my head I have no idea what authority they are working from.

they are the law, deal with it :wink:

I don’t see the relevance of the car.

Why would the council have the right to request driver details? Surely that would be the job of the DSA and/or the police?

Are they suggesting the car was involved in an incident? Have they said that litter was thrown from the car? They can’t request details without saying why, surely?

It sounds very strange, and as groovy said there is no evidence of any involvement on the part of either of your parents, so it looks like the person might be clutching at straws.

So the guy was on his way to work and he is still in a position to issue a ticket?!