OT. How Long Will I Get??

meagain
meagain Posts: 2,331
edited May 2008 in The bottom bracket
Received in post this a.m. - "last chance" to pay a Fixed Litter Penalty (£75) before I get hauled before the Bench (and apparently fined £2,500). Penalty issued on 31 March. Only it wasn't ME! Same name, wrong house number (post-person simply went by name and fact that the stated number doesn't actually exist on this street) and wrong post code.

The contact tel no goes unanswered. E-mailed and sent hard copy by post. But I rather suspect that summons will be issued. Being innocent I shall NOT pay whatever the alternative. Will "they" simply seize assets (can I escape by putting all in wife's name?)? Jail until I agree to pay?

All very interesting!

And in a sudden conversion.....introduce ID Cards NOW!!!
d.j.
"Cancel my subscription to the resurrection."

Comments

  • Clever Pun
    Clever Pun Posts: 6,778
    tried ringing the council?
    Purveyor of sonic doom

    Very Hairy Roadie - FCN 4
    Fixed Pista- FCN 5
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  • Red Rock
    Red Rock Posts: 517
    What are you worrying about if it's been delivered to the wrong address ?

    :?
  • bonk man
    bonk man Posts: 1,054
    flee the country :lol:
    Club rides are for sheep
  • bagpusscp
    bagpusscp Posts: 2,907
    Ask for details of who recorded the offence.They must be able to ID offender. ie how they got your details .How do they know it is you :?: Sent it back to council offices.
    Din't know you could be finded for riding a fixed wheel :shock:
    bagpuss
  • sicrow
    sicrow Posts: 791
    Spend the £50 and get your solicitor to explain the situation and add in harrasment and counter claim of stress to you etc and it should go away - or go to court and make them look t**ts

    failing that as a law abiding citizen who probably doesn't carry a knife then expect 20 years :(
    http://www.action.org.uk/sponsor/simoncrowther
  • Garry71
    Garry71 Posts: 96
    Even if it was you, aren't the legal bods supposed to have the details correct for it to be er, legal?
    IANAL incase you hadn't guessed.

    Garry
    Cycling is too nice to waste it on getting to work.
  • meagain
    meagain Posts: 2,331
    "tried ringing the council?"

    Yes but it's clearly a case of "I really MUST deal with that before I go on Bank Hols/Half Term Hols" syndrome! Letter sent Friday, no reply on given contact number - and the 7 days to respond will expire before the sender returns to work!

    Fleeing, suing, sound better than the 20 stretch. I'll be dead when I get out....OTOH plenty of gear available I gather. And my pension will go quite a long way if I'm on free bed (ouch!) and board.

    Yes, Paul, I do wonder who concocted the details - too similar to be an entire coincidence. A conspiracy looms...

    We shall see....
    d.j.
    "Cancel my subscription to the resurrection."
  • pottssteve
    pottssteve Posts: 4,069
    Call the Daily Mail right away!

    They love this sort of thing. While you're at it you can estimate how much your house has gone down in value today - they love that too... :wink:

    By the way, if the address on the letter is wrong, how will the bailiffs find you without the postman to help them?
    Head Hands Heart Lungs Legs
  • Stewie Griffin
    Stewie Griffin Posts: 4,330
    Red Rock wrote:
    What are you worrying about if it's been delivered to the wrong address ?

    :?

    You can deny receiving it if the address is incorrect (unless of course you signed for it) as they cant prove that they delivered it correctly. Or you can write to them (I see that you have) advising them that you arent the droid that they are looking for.

    Several years ago I received a Summons for Fare Evasion :shock: wrong street number and Post Code, I wrote to them advising them that it wasnt me and it went away with the minimum of fuss.
  • drewfromrisca
    drewfromrisca Posts: 1,165
    My nephew has recently had a court summons for dog fouling...he doesn't even have a dog! He's written a few times to the court but they have told him he has to go to court to give evidence! The summons had the wrong town on it but same house number and street and half a postcode! I know it's a pain but you might have to go to court to tell them it's not you as it might be easier!
    There is never redemption, any fool can regret yesterday...

    Be Pure! Be Vigilant! Behave!
  • Eat My Dust
    Eat My Dust Posts: 3,965
    I would show up in court and tell them it wasn't you. I would also tell them that you had tried to inform them of this but to no avail and how you were angered at the obvious waste of tax payers money!
    SNAPS
  • meagain
    meagain Posts: 2,331
    IF summoned then yes of course I shall show in Court. Luckily I kept one suit when I retired! And herself is already planning the media campaign....

    I shall have to check with an old friend who is a senior Judge and Law Commissioner as to whether he's allowed to act as a character witness!
    d.j.
    "Cancel my subscription to the resurrection."
  • lateralus
    lateralus Posts: 309
    remember they still have the burden of proof. keep plugging away - the administration may be hopeless but someone will eventually realise they have the wrong guy. Obviously a c*ck up if the first thing you got was a final notice.
  • meagain
    meagain Posts: 2,331
    Well...finally got to speak to someone. Quite sympathetic ("it's right to fight these things if wrong") but bottom line semed to be to go to Court and "plead mitigating circumstances". Didn't quite seem to understand that "mitigation" is applicable to guilt! His idea of the concept was to prove I was elsewhere - which I almost certainly cannot.

    Whoever gave my name and partial address did not give the issuing officer any cause to doubt his/her word or they would have summoned a Constable to establish proof of ID. The offender did not give such cause and therefore by definition WAS me! (Must remember this at next robbery which I commit!) Simply that the issuing officer got the address details wrong.

    I'm not so sure that burden of proof applies in PRACTICE nowadays anymore than in the past (e.g. in Leeds in the '60s-'70s if a police officer stated "X" oath then that was all the proof needed).

    Wonder if I can demand an ID parade?

    Looks like I'm going down....
    d.j.
    "Cancel my subscription to the resurrection."
  • lateralus
    lateralus Posts: 309
    where was alleged offence committed? Somewhere in the majority of the country covered by CCTV?

    Surely the date and time of the offence must also be stated. Must be someone who can give an alibi. You never know, you might have even been on the forum! All the posts show the time they were made.
  • meagain
    meagain Posts: 2,331
    Date yes. Time not known to me!

    You're right about the Forum - my most likely alibi!
    d.j.
    "Cancel my subscription to the resurrection."

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