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I was fined for littering with no evidence against me



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Published Date: 17 September 2008
By B y Mark Winspear
Read one man's story about how he was fined for littering with no evidence
I say this as a lifetime anti-litter "freak" – who has regularly castigated friends and acquaintances, and the occasional stranger, for littering.

I'm also a regular "pain" for Kettering Borough Council as I often inform them of overflowing unempt
ied bins, and "advise" them when their own refuse collectors make a mess in the streets. I also lobbied KBC to install ashtrays on lampposts and litter bins when they brought in the new litter regulations – unsuccessfully, with one exception that I know of. Instead they installed stubber plates which create more of an eyesore around bins.

Councils told to clean up their act on litter click here

What makes the mess I observe on a daily basis, including many car drivers throwing cigarette ends and far worse from their vehicles, worse for me I am a victim of KBC's so-called "enforcement programme.

Last year they issued three "tickets" with a £75 fine alleging that I'd thrown a cigarette end from my vehicle window. (This is something I never do, always extinguishing the tip and putting it in the ashtray). What their so-called litter warden had actually observed was me, perfectly legally, smoking a cigarette with my window open, only flicking ash (which I have ascertained is legal).

I refused to pay their "fines" as I had not committed the offences, which I explained in detail to them. Instead of chasing the many litter bugs evident in Kettering every day, they prosecuted me at Kettering Magistrates Court where I was found guilty by a bench which refused to view the witness statements I had been asked by the previous bench to bring to court, whilst ignoring my questions of why the council had failed to provide any material evidence apart from the lies of their litter warden. This cost me £660 and has ruined both my faith in English democracy and justice, along with my health. (On the few occasions in 35 years of driving I've been issued with a parking ticket, and the one speeding fine, I've paid up – admitting my guilt readily). I have never been taken to court in my life before, and this vindictive prosecution for something I haven't done has shattered my confidence).

I am reminded of this injustice every day as I observe the ceaseless, apparently unchecked, littering of our environment by stupid lazy inconsiderate people.

KBC should be ashamed of their action against me, and their lousy performance on litter in general as highlighted by this report – it only goes to show that they are totally ineffective in their task.


Louis Shaw left this comment:

I am Indebted to Mark Winspear,ET 18 Sept. I will now not flick ash out the window.

As it is the whole fag end goes in ashtray,and self extinguishes.

Perhaps,as you "Made Waves",you got Stitched Up?

Democracy? Do me a Favour.

My Sympathies..

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The full article contains 522 words and appears in n/a newspaper.
Page 1 of 1

  • Last Updated: 18 September 2008 5:26 PM
  • Source: n/a
  • Location: Kettering
 
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loobylou1280,

18/09/2008 10:40:05
this exact same thing happened to someone i know, about a year or so ago. he was waiting at the traffic lights near iceland/sainsburys in kettering, so bear in mind that at that junction, there are 3 lanes of traffic, one going left up rockingham road, and 2 going straight over around eskdaill street. KBC's litter warden was supposedly standing across the road just up from wilkinsons, and said my friend had dropped a cigarette butt out of the car window. how on earth, from that distance and in the the middle of lunchtime rush-hour, when he was sitting in the middle lane, did the warden see that?! and he doesnt even smoke in the car! anyway, he was sent to court, tried to fight his own case, but the bench at the magistrates weren't interested in his say, and issued him with an even bigger fine, with court costs, and found him guilty, with no evidence what-so-ever, only KBC's wardens word! Looks lto me as if KBC are just out to make money from people! I thought to be proven guilty there must be actual evidence, not just the word of a ""jobsworth"" at KBC!!!
2

Dave Clemo,

18/09/2008 12:44:37
Words fail me!
Whatever happened to innocent until proved guilty!
The sooner these idiot laws are repealed and revealed for what they are- highway robbery- the better.

And they wonder why people despise politicians and government in general!!!!
3

Eggnchips,

Kettering 18/09/2008 14:43:54
Let me get this right, you sat smoking and flicked ash onto the floor and the guy issued a ticket because he believed you had flicked out a cigarette butt, is that correct. Are you also stating that magistrates ruled against you even though no evidence was shown, i.e did the warden pick up the cigarette butt. Surely the burden of proof lay with them, it looks to me that you were badly advised.
4

Ray Rodden,

Corby 18/09/2008 18:21:21
why not give up smoking?


(ooHH - did i ay that out loud!)

:-)
5

Mark Winspear,

Kettering 18/09/2008 21:16:01
Yes Eggnchips, you've got it right - but it happened THREE times!
The first ticket was issued in April, but they didn't pursue that (apparently an internal foul-up). As I'd heard tales of the litter warden allegedly using the same route TO his office from home each morning - and "nicking" people on the way - I decided to DELIBERATELY have a cigarette between bookings using this route (until the end of June, when Tony Blair banned us self-employed taxi drivers from smoking in our own vehicles) - knowing I'd never finish the cigarette before reaching Broughton, 4 miles away. Each morning I'd light a cigarette as I left St Mary's Road in Kettering to head towards Broughton. In June the 2nd ticket was issue against me in Bowling Green Road (one puff from the beginning) and the 3rd ticket was issued at the Northfield Avenue traffic lights (two puffs in).
I did not seek advice before the Magistrates hearing, naively believing my innocence sufficient. The magistrates actually seemed to resent me asking why CCTV evidence was not presented (KBC have hat cameras - but for some reason they can't explain they weren't in use on any of these occasions). In response to my question about physical evidence (a cigarette end) I was told it was "against health and safety regulations" for the warden to enter the road to retrieve such!!!
Indeed, it seems my questioning of the lack of evidence went against me with the bench - a lady in court the same day simply stated that she'd only just lit her cigarette so couldn't have thrown it away - and was found not guilty.
I took advice about an appeal, but was advised that due to lack of case law it would be prolonged and VERY expensive, and as an ordinary working bloke, unaffordable.

Louis: Thanks - you're not the first to think that...

Ray: I'd like to, but with this fiasco it's even less likely! (Your regular flippant comments against smoking do not help much either)
6

DT,

Kettering 19/09/2008 02:06:46
I'd guess these people have 'targets'. As soon as people are given 'targets', they are given a reason to find a misdemeanour where there is none. It has mucked up education, policing, health, adoption, and now our personal day-today lives.
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english charlie,

19/09/2008 15:06:33
Have you been to see your MP? What's next? Wearing out the pavement or causing a mark when walking on it? Britsh Justice at its best, Innocent 'til proven guilty.
8

Mark Winspear,

Kettering 19/09/2008 21:55:43
english charlie:
I've communicated with my MP. As he is also a Kettering Borough Councillor it would appear that he has a conflict of interest. It is my understanding that the rules introduced over the past 20 years mean that our councillors are now hidebound by regulations dreamed up by the bureaucrats to whom they are now subservient.
It would appear that we are ruled by a bloated oligarchy in this country nowadays, (the combined forces of unelected bureaucracy, headed by the Civil Service), with a democratic structure merely as window dressing - our elected officials appearing to fulfil a similar castrated role as that undertaken by the modern constitutional monarchy.
9

donald.c,

kett 20/09/2008 20:39:03
Totaly ridiculos things are getting beyond a joke.i witnessed some time ago before the new smoking laws a refuse lorry turning into regent st from rockingham rd and passenger worker throwing out a but from the window bouncing of a parked car window,i reported it to kbc and was just told they would look into it didnt see anything in the papers or court about that + recently workers again kbc working near my home was eating and smoking next to there van were did the fag ends go flicked across the field opposite my house,after the previous event i didnt bother reporting it but now looking at this guys problems wish i had but would of propbably got the same reply as before we will look into it NOT.one law for them and one for us
10

k. fortuin,

Huntington Beach, California 21/09/2008 16:50:29
What a joke.
Mark, you've got to take it to them!
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