Issued fixed penalty for littering but they know it wasn't me!

[FixedPenaltySos]

I've been issued a fixed penalty via post for the offence of littering. When querying it (as not something I ever do) I was told via email that it was a male - I am female with a female name. When I responded that it was not me, and they clearly agreed it was not me and therefore the penalty should be cancelled they have responded saying it will remain against me unless I identify who it was.

The only person it could have been was DH, who also does not litter. The original penalty notice says "littering from a vehicle." So I imagine they got my details from DVLA. However in our back and forth email correspondence they have stated that 'the male' was approached and refused to give his details, then got in the vehicle and drove off. This quite simply didn't happen! DH would remember, and would have told me when he got home! I have requested footage in order to identify said 'male' as I'm quite certain this footage does not exist, and quelle surprise they have replied refusing to share it due to 'Data Protection' laws.

I know this isn't AIBU, but AIBU to refuse to pay a fine for an offence i have not committed snd that they have confirmed they know i have not committed?!

Just tell them to take you to court to confirm the fine, based on what you say it illustrates go nowhere.

Goodness I would be incensed, refuse to pay and likely get into a pickle subsequently.

@stayathomegardener I am livid!

@Bannedontherun my concern with this is that I thought I read somewhere that the registered keeper can be fined if it was their vehicle involved in the offence? I don't know if this is right? Not that i think any of it is true but still 😬

@FixedPenaltySos They have to prove that the litter left your cars window. As they are refusing to provide any info and you believe your husband is innocent that is the only option left

I wouldn't have this, I'd be contesting it and saying I'd see them in court.

Who has issued the fine, I suggest a complaint might be in order

Possibly a Subject Access Request as well

Ah, that's good to know, thank you. I'm confident that my husband wouldn't throw litter out of the window and he certainly was not approached by anyone. I guess I'll see them in court then!

Has anyone else had access to your car, was it in the garage for example?

As it involves your car (supposedly) I'd be worrying about cloned plates.

@DoggoQuestions that's a good point actually. In none of the correspondence is my vehicle registration even quoted- the fixed penalty notice is simply addressed to me and states they have reason to believe I committed the offence of littering 🤔

Reason to believe is not adequate to issue a fine

On the front of the letter it says 'On x date, x time you were seen littering from vehicle at x place'. On the reverse of the letter it says 'I, officer BillyLiar, have reason to believe you committed an offence under Section 87 and 88 of the Environmental Protection Act 1990.'

Were you/your DH/your car in that place at that time?

Well I certainly wasn't 😂

It's unlikely that DH was there, in my car, as he has his own. But the supposed offence was last December so quite honestly we can't be 100% certain.

Like i said they need to come up with proof.

Oh and the data protection claim is nonsense

I suspected as much. Thank you.

Is it genuine?

@LIZS I think so, but they have been sneaky. The letter is printed on Local Authority headed paper (printed badly i might add) but the company involved is actually a private company paid by several local authorities to deal with waste enforcement matters...

@FixedPenaltySos There's another thing it could be (if not a scam - is it a fake company posing as the private company but different contact/bank details, pretending they're working for the LA? Can you ring them via a different number obtained elsewhere than the paperwork?)

Did you have a parcel stolen off your doorstep, and it is the packaging that has been discarded?

@Ariela they've not given any details of my car, the 'male' or the litter despite me asking 🤷‍♀️

Also @FixedPenaltySos is it like a traffic offence FPN where notice has to be issued to the registered keeper within 14 days of the offence? I thought mostly they were issued on the spot?

What could be likely is they got a digit wrong on the vehicle registration.

@Ariela yes I've wondered if it could be this. I don't know why they've not included my reg number on the notice. I suspect it's either a genuine mistake or a scam where they've noted registration numbers when no offence has occurred. From looking the company up and reading reviews of former employees they have a quota of offences to capture each day...

Is the information on the FPN tying up with the company details online?
(Or is it a scam company imitating them to get your payment?)

@Ariela the details match up but i suspect it's a scam in the sense of fabricating offences