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They provide enforcement agencies with an effective and visible way of responding to environmental crimes.
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They enable people who have broken the law to admit their liability and end the matter
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They free up officer time in not having to prepare court files for legal action
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They enable the legal department to focus on more serious cases
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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
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FPNs are only offered where there is adequate evidence to support a prosecution in the courts
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The wardens do not have any targets for issuing FPNs
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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
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Pay the FPN within the 14 calendar days
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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:
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You may need to contact your local Citizens Advice Bureau for advice
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You may need to involve the services of a Solicitor
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You will need to consider the evidence that may be presented in the court in prosecution of the case
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If the court finds against you, you may be liable to a higher fine and a criminal record.
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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 |