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[omegod]

Walking back to my car I in the works car park I "allegedly"dropped/threw a tiny piece of screwed up paper onto the floor, next to my car.

Get a jobsworth knocking on the window who says " you know why I want to speak to you don't you" Erm no! apparently I had committed an offence under sec 87 of the environment act and received a £75 fine.

Bits that hack me off:

I wasn't cautioned.
He never actually told what specifically I had allegedly done and I only found out from the penalty notice at the end.
He was videoing our conversation without notifying me beforehand, ceased when asked to.
The alleged offence was committed on land my company leases from the very same council.
Unlike a parking ticket there is no opportunity for appeal,just magistrates court.
He has no video evidence of any alleged offence, just his word and what he believed he saw.
He was not even employed directly by the council just a contracted security firm.

Comments anyone 

[MR MISTER]

Like you say, Jon, your word against his. How can any court take one side or the other without proof/evidence? Something stinks.

[MR MISTER]

And what was he doing on land that your company leases? Does your company pay for the council to clean the land?
Who hired this 'private company'? If not the council, who own the land, and not your company, who lease it from them, then who?
Wft has it got to do with anyone else?

[Gaffers]

Unless he has bagged the item allegedly dropped he has not evidence other than his word.

Do an Subject Access Request on the CCTV footage he took as is your right in law and see if you can spot any litter being dropped.

If not take it to the magistrates and ask the council to prove you dropped anything.

[Gaffers]

Oh and if the land is not a public site and not owned/controlled by the council then they have no right under law to film there unless they have the landowner's permission.

[05omegav6]

Was about to suggest summat involving the bin behind the local KFC

But would suggest writing every last detail down and take lots of pictures clearly showing the site/boundaries, possibly even report it to the Police, so an official account exists, then have your day in court...

[omegod]

Looks like I have the barstewards  , read this ,section of sec 87 of the environmental act

87 Offence of leaving litter.E+W

[F1(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.

(2)This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below.

(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.

(4)It is immaterial for the purposes of this section whether the litter is deposited on land or in water.

(4A)No offence is committed under subsection (1) above where the depositing of the litter is—

(a)authorised by law; or

(b)done by or with the consent of the owner, occupier or other person having control of the place where it is deposited.

I am the occupier,manager and have control of the place where it was "allegedly" dropped.

[05omegav6]

Paragraph 3 as well, given you were on private property too...

Can we come and watch

[cam2502]

Love to see the look on hhis face when you drop that info 

[Crazycarzowner]

no right under law to film there unless they have the landowner's permission.

It also cannot be used because he has to inform you that he's recording you AND you have to consent to him recording / using the recording. I know this because someone posted a video of a colleague doing his job on youtube. He got it pulled as they hadn't asked / got his permission to use it!

[omegod]

no right under law to film there unless they have the landowner's permission.

It also cannot be used because he has to inform you that he's recording you AND you have to consent to him recording / using the recording. I know this because someone posted a video of a colleague doing his job on youtube. He got it pulled as they hadn't asked / got his permission to use it!

Weird one that Jason, the land is owned by the council and we lease it from them but the operatives are employed by them via subcontract.

I'm really glad this happened now as they have been targeting our vulnerable service users, mentally ill,homeless and drug users with abandon. the DEFRA guidelines suggest this is definately not good practice. I will now seek out all those targeted and force their penalties to be squashed.

[MR MISTER]

no right under law to film there unless they have the landowner's permission.

It also cannot be used because he has to inform you that he's recording you AND you have to consent to him recording / using the recording. I know this because someone posted a video of a colleague doing his job on youtube. He got it pulled as they hadn't asked / got his permission to use it!

Weird one that Jason, the land is owned by the council and we lease it from them but the operatives are employed by them via subcontract.

I'm really glad this happened now as they have been targeting our vulnerable service users, mentally ill,homeless and drug users with abandon. the DEFRA guidelines suggest this is definately not good practice. I will now seek out all those targeted and force their penalties to be squashed.

SUPERSCOUSE!!!!!!!! Go get'em boy!

[omegod]

Will do Ste   Sadly this will likely have to go to magistrates court as this particular council has decided not to include the recommended appeal stage. Should make for a fun day 

[05omegav6]

Sell tickets I'll bring the popcorn

[Vamps]

Long story short; if Council traffic wardens can not operate in the car park at work, almost totally catering for 2 Council town centre office blocks, but open to the public, because they are managed by the 'Town Centre' I am pretty sure a litter patrol can not operate in a works car park, regardless who it is leased from; Fight.............