Scottish Law Questions? Ask a Scots Lawyer
Dear Sir, Madam
I live in scotland, my passenger left the vehicle and allegedly dropped a cigarette end on the floor, I have received a letter today iuusing me a fixed penalty notice Environmental Protection Act 1990 section 88. It says for "Deposited litter on land W Open Air outwith your control" and a fine of £50 or a threat to take me to court under section 87 of the Environmental Act 1990 and I could be fined up to £2500. I was not driving my car and it was the passenger who dropped the litter and it was qfter he left the car albeit he did go back to the car. They said I can send them details of the offender and they will write to him instead but I dont want to do this. Please can you help as it seems unfair that I am being held responsible for the actions of others just because I am the registered keeper of the car, the offence did not even happen from the car the occupant had left the car when it took place.
Thank you kindly Sharon Bray
Hi, Thanks for your response but please can you help clarify as I cannot see how the response can help me. They are saying that the occupant of the car was littering and that if I do not provide details of who the occupant was then the registered keeper is liable, the registered keeper is me. I understand that I do not have to give details of who the occupant or driver was but does that still mean that I am liable under the acts mentioned and can I be fined in court?
If it goes to court do they need to prove who the person littering was or can they fine me as being the registered keeper of the vehicle?
Also if the passenger or occupant had left the Vehicle how can they associate the littering with the Vehicle.