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Why bother with Fixed Penalty Notices?

  • They provide enforcement agencies with an effective and visible way of responding to environmental crimes.

  • They enable people who have broken the law to admit their liability and end the matter

  • They free up officer time in not having to prepare court files for legal action

  • They enable the legal department to focus on more serious cases

  • They free up the courts

The legislation provides an authorised officer with the power to require the name and address of a person they wish to issue with a Fixed Penalty Notice (FPN). In such cases failure to supply these details (or giving a false name and address) to an authorised officer is an offence for which a maximum fine of £1,000 may be given upon conviction. In such cases the wardens will take a photograph and may call the police for assistance in getting the correct details

 

  • FPNs are only offered where there is adequate evidence to support a prosecution in the courts

  • The wardens do not have any targets for issuing FPNs

  • The monies from the fines are only used for education and prevention work and not to subsidise the service

 

Can I appeal my Fixed Penalty Notice?

 

An FPN is issued in lieu of prosecution. if you have received a FPN your only right of appeal is in a court. Upon receiving a FPN there are two options available

 

  1. Pay the FPN within the 14 calendar days

  2. Await the court summons or request a court hearing in writing

If you should fail to pay within 14 days, Leicester City Council will initiate court proceedings.

if you should request a court hearing, you will be required to attend court to have your case heard. You will need to consider the following:

 

  • You may need to contact your local Citizens Advice Bureau for advice

  • You may need to involve the services of a Solicitor

  • You will need to consider the evidence that may be presented in the court in prosecution of the case

  • If the court finds against you, you may be liable to a higher fine and a criminal record.

  • If the court finds against you, you will be liable for court costs plus £15 victim surcharge 

Types of Fixed Penalty Notices

 

Description Offences Description Act and Section FPN Amount Maximum Penalty
Litter Offence of littering Environmental Protection Act 1990 Section 87 £80 £2500
Litter from vehicle Offence of littering Environmental Protection Act 1990 Section 87 £80 £2500
Dog Fouling Failing to remove dog faeces forthwith Dog (Fouling of Land) Act 1996 £80 £1000
Graffiti Defacement by graffiti Anti-Social Behaviour Act 2003 Section 43 £80 £5000 or six months imprisonment
Fly Posting Defacement by fly posting Anti-Social Behaviour Act 2003 Section 43 £80 £2500
Waste Carriers Failing to provide the necessary authority for transporting waste Control of Pollution (Amendment) Act 1989 section 5B(2) £300 £5000
Waste Transfer Notes Failing to provide documentation for transferring controlled waste Environmental Protection Act 1990 Section 34A(2) £300 £5000
Vehicles for Sale Exposing or cause to expose two or more vehicles for sale on the road Clean Neighbourhoods and Environment Act 2005 Section 3 (1) £100 £2500
Repairing Vehicles Carrying out restricted works on a motor vehicle on a road Clean Neighbourhoods and Environment Act 2005 Section 4 (1) £100 £2500
Unauthorised distribution of free printed matter Distribution of free printed matter Clean Neighbourhoods and Environment Act 2005 Section 8.4 Schedule 3A £80 £2500
Breach of Notice - Trade Bins Failing to comply with a legal notice Environmental Protection Act 1990 Section 47ZB £110 £1000
Breach of Notice - Domestic Bins Failing to comply with a legal notice Environmental Protection Act 1990 Section 47ZB £110 £1000
Breach of Notice - Street Litter Control Notice Failing to comply with a legal notice Environmental Protection Act 1990 Section 94A(2) £100 £2500
Breach of Notice - Litter Clearing Notice Failing to comply with a legal notice Environmental Protection Act 1990 Section 94A(2) £100 £2500

 

 

 

 

 

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