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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75489
Experience:  Over 5 years in practice
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My daughter has been served by the local authority with a

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Hi there. My daughter has been served by the local authority with a section 87/88 for depositing waste from her car, a cigarette I think. Should she be asking for their proof? She has been cautioned in a letter.
JA: Where are you? It matters because laws vary by location.
Customer: Sorry for the delay, we are in Braintree, Essex
JA: What steps have you taken so far?
Customer: She has just received the letter. I was considering responding with just confirmation of her name and asking for their proof.
JA: Anything else you want the lawyer to know before I connect you?
Customer: In the letter, my daughter has been read her rights.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 7 months ago.
Thank you Jo

Does she have a defence?

Customer: replied 7 months ago.
No it just says that litter was thrown from the window of her car. The letter wants her to answer questions; does she understand the caution? What is her full name? What is her date of birth? Was she driving the vehicle? if not, who was? was she responsible for disposing of the litter? has she got anything else to say? It then wants her to sign a declaration of her answers to these questions
Customer: replied 7 months ago.
Hi there. I will sign off from my work desktop and I'm just downloading the app. I have to leave work now but I will respond through the app. I hope this is OK as I don't want to lose this conversation thread.

Thanks for the information

You are perfectly free to write back asking for their proof. I wouldn't really advise it. They wont provide it at this stage and it would only serve to antagonise them.

Also, the reality is that they must have some evidence. The chances they have just selected your daughter at random for a false or baseless allegation are fairly low.

Hope this helps. Please let me know if you need more information.

Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi there. Thanks Jo. I don’t want to antagonise them but equally I don’t know what proof they have or that they can prove anything. Did someone report her, has it been seen on CCTV. I could well be malicious?
Customer: replied 7 months ago.
Can I ask why they won’t provide it?

They don't have to at this stage. This is just a fixed penalty offer. Either you accept or you don't.

They only have to prove it if you don't.