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Thread: Fixed penalty legal advice please

  1. #1
    Regular Member byebyeitsagsi's Avatar
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    Arrow Fixed penalty legal advice please

    Hey guys,

    I was recently given a £40 fixed penalty for having an open bottle of beer. I was walking home from a mates house minding my own business and the cops pulled up. I was prepared to have it poured
    out and a slap on the wrist and i wouldn't have done it again but no. They aren't allowed to show any discretion anymore.

    The jist of it is they have a part of my address wrong and also where the offence happened completely wrong and the Street name doesn't exist.

    Should I pay it? Anyone one with any legal experience or knowledge please offer your advice thanks.

  2. #2
    Regional Organiser - West Scotland neverlandandy's Avatar
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    aye just pay up as they will just change it to the correct details if it goes to court anyway

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    Not sure of the differences between UK and Scottish Law in regards to street drinking, but the main part is, it was you, you were drinking in a street (regardless of where said street is) and your not allowed to do so. Pay up and take it as a lesson learnt.

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    Regular Member ijk571's Avatar
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    Did you know it wasn't allowed?

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    Regular Member john norris's Avatar
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    if the ticket is wrong then appeal it they should dismiss it something like that happened to my brother and they had to dismiss it because it was wrong

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    Regular Member byebyeitsagsi's Avatar
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    Quote Originally Posted by ijk571 View Post
    Did you know it wasn't allowed?
    Nah thought laws like this were in certain areas like city centres. Or to underage folk.

    Ill just pay it and get it over and done with.

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    Regular Member m8internet's Avatar
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    Quote Originally Posted by john norris View Post
    if the ticket is wrong then appeal it
    You don't appeal against such a notice, you simply allow it to go to court and follow the normal court process for a Criminal street offence
    If found guilty then it would result in a Criminal Record entry, which could be avoided if the fine was paid instead

    As above, if you were not aware that it was an offence and/or insufficient signage, then that certainly would be grounds to let the matter to proceed to court and defend the case

    edit :
    Just noticed the OP is in Glasgow, so assume this offence was committed in Glasgow
    In 2008 an order was put into place restricting open containers of alcohol in public places within the entire Glasgow City Council area
    Signs are NOT required

    This does present an issue when transporting such containers between premises, but without the intention of drinking any further until at the next premises
    However the JP court tends to find in favour of the COPFS, so it's not even worth defending in court, unless the bottle was further contained within another container, bag, etc
    I believe some such cases have been thrown out on those grounds
    Last edited by m8internet; 30th September 2012 at 13:17.

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    Regular Member byebyeitsagsi's Avatar
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    Probably easiest just to pay it and move on i suppose.

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    Regular Member ijk571's Avatar
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    Quote Originally Posted by byebyeitsagsi View Post
    Nah thought laws like this were in certain areas like city centres. Or to underage folk.

    Ill just pay it and get it over and done with.
    Thats what I'd have thought too.

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