Fixed Penalty Notice FAQs
There is no formal right to appeal against a fixed penalty notice (FPN).
If you do not agree that you committed the offence then the matter will be dealt with through formal prosecution via the Magistrates courts. It will then be up to the court, on receiving evidence, to determine whether or not an offence was committed and therefore whether or not any penalty should be imposed. Alleged offenders must be aware that environmental offences are Criminal in nature and should a prosecution be proven at the Magistrates' Court, the verdict will be recorded as criminal conviction against the defendant. This is not Civil Law.
The following are not acceptable reasons for dropping litter or failing to pick up dog mess:
I wasn't given a warning
Council’s in the UK spend around £1 billion each year to clear litter and many have chosen to take a Zero-Tolerance Policy when it comes to tackling the issue.
There wasn’t a bin nearby
It is not feasible for councils to put bins on every street. If there isn’t a bin or ash tray nearby you should hold on to your litter or dog mess bag until you come to a bin, or take it home with you. If you have a question regarding bins in your local area then you will need to contact your Local Council.
I dropped chewing gum or a cigarette butt
Litter includes cigarette butts and chewing gum. In many ways these items are more of a nuisance and more expensive to clean up than other items of rubbish. People are responsible for ensuring that they completely extinguish their cigarettes before placing them in a bin.
I picked it up after the enforcement officer approached me
If you pick up the litter or dog mess after an enforcement officer has approached you, you will still receive a fixed penalty notice. The offence is committed as soon you discard and leave the litter or dog mess.
I dropped it down a drain
Placing litter down a drain is an offence which will result in a fixed penalty notice.
It is a criminal offence to feed birds anything other than bird feed.