Fixed Penalty Notice for Littering

[Rob S]

I don't know is this is the right place for this one, but I'm sure one of the mods will move it to the appropriate place if it isn't:)

 

A colleague at work asked me to take a look at a FPN that her child minders partner received recently for allegedly littering. He is the registered keeper of a vehicle and an enforcement officer of Bedford Borough Council allegedly saw the driver of the vehicle throw out a cigarette butt. They have obtained the registered keeper details from DVLA and written to the RK and issued them with a FPN. The legislation they are relying on is Section 87 of the Environmental Protection Act 1990.

 

It's a new one on me, but I was wondering if anyone has any knowledge of this legislation and whether or not the registered keeper of a vehicle is liable, regardless of who was driving?

[Lula]

Well this is the section mentioned

 

87 Offence of leaving litter

 

(1) If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall, subject to subsection (2) below, be guilty of an offence.

(2) No offence is committed under this section where the depositing and leaving of the thing was—

(a) authorised by law, or

(b) done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.

(3) This section applies to any public open place and, in so far as the place is not a public open place, also to the following places—

(a) any relevant highway or relevant road and any trunk road which is a special road;

(b) any place on relevant land of a principal litter authority;

© any place on relevant Crown land;

(d) any place on relevant land of any designated statutory undertaker;

(e) any place on relevant land of any designated educational institution;

(f) any place on relevant land within a litter control area of a local authority.

(4) In this section “public open place” means a place in the open air to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open place.

(5) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area.

(7) In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.

88 Fixed penalty notices for leaving litter

 

(1) Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2) Where a person is given a notice under this section in respect of an offence—

(a) no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(3) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

© the person to whom and the address at which the fixed penalty may be paid;

and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(4) Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(5) The form of notices under this section shall be such as the Secretary of State may by order prescribe.

(6) The fixed penalty payable to a litter authority in pursuance of a notice under this section shall, subject to subsection (7) below, be £10; and as respects the sums received by the authority, those sums—

(a) if received by an authority in England and Wales, shall be paid to the Secretary of State;

(b) if received by an authority in Scotland, shall be treated as if the penalty were a fine imposed by a district court.

(7) The Secretary of State may by order substitute a different amount for the amount for the time being specified as the amount of the fixed penalty in subsection (6) above.

(8) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of—

(i) in England and Wales, the chief finance officer of the litter authority; or

(ii) in Scotland, the proper officer; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

(9) For the purposes of this section the following are “litter authorities”—

(a) any principal litter authority, other than a county council, a regional council or a joint board;

(b) any county council , regional council or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park);

© any National Park Committee;

(d) any Park board for any area in a National Park; and

(e) the Broads Authority.

(10) In this section—

• “authorised officer” means an officer of, or in the case of any Park board or National Park Committee, an officer acting on behalf of, a litter authority who is authorised in writing by the authority for the purpose of issuing notices under this section;
  
• “chief finance officer”, in relation to a litter authority, means the person having responsibility for the financial affairs of the authority;
  
• “National Park Committee” means a committee appointed to perform functions under paragraph 5 of Schedule 17 to the [1972 c. 70.] Local Government Act 1972;
  
• “Park board”, in relation to a National Park, means—
  

(a) a joint planning board reconstituted under paragraph 1 of Schedule 17 to the Local Government Act 1972; or

(b) a board reconstituted as a special planning board under paragraph 3 of that Schedule;

• “proper officer” means the officer who has, as respects the authority, the responsibility mentioned in section 95 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (financial administration).
  

 

[Rob S]

Section 88(1) looks interesting as it states that if an authorised person has reason to believe a person has committed an offence then he may give that person a notice offering him the chance to pay by FPN. I see nothing in there about sending the registered keeper of a vehicle a FPN. Surely they would need evidence that the registered keeper is the person that the authorised person has reason to believe has committed the offence?

[Bookworm]

Well, yes, one would think the "Hamilton" defence should work here. Did the officer see the driver throw it? Could it have been a passenger? Was the driver the RK? Unless they can prove categorically that it was the RK who was driving AND who littered, I can't see that one sticking.

[poppypop]

Can anyone help me? I have just received a letter from my council about an alleged littering offence.

I am told to come for an interview and bring a solicitor!

I have no idea what this is about. I have NEVER littered! When I phoned to make the appointment I was told she couldn't tell me what the allegation was until I was under caution!!

OMG, what is likely to happen next.

I am so certain a nasty neighbour has done this, I would never litter and I feel really very upset.

 

PollyPop xx

[green_and_mean]

Can anyone help me? I have just received a letter from my council about an alleged littering offence.

I am told to come for an interview and bring a solicitor!

I have no idea what this is about. I have NEVER littered! When I phoned to make the appointment I was told she couldn't tell me what the allegation was until I was under caution!!

OMG, what is likely to happen next.

I am so certain a nasty neighbour has done this, I would never litter and I feel really very upset.

 

PollyPop xx

 

Its unlikely they would bother interviewing you with a solicitor on the word of a third party (nosey neighbour) without informal contact first. If they know its you they have obviously identified you so its unlikely to be dropping litter in the street. Usually this sort of action is taken over something serious such as fly tipping.

[robin9342]

(e) any place on relevant land of any designated educational institution;

Just spotted that one. How long before schoolkids get fined for dropping litter in the playground?

[green_and_mean]

Just spotted that one. How long before schoolkids get fined for dropping litter in the playground?

 

You cannot fine a child as far as I'm aware.

[patdavies]

Just spotted that one. How long before schoolkids get fined for dropping litter in the playground?

 

Well at primary school level...

 

A child under 10 years old is dolli incapax. They cannot commit a criminal offence.

[patdavies]

Surely they would need evidence that the registered keeper is the person that the authorised person has reason to believe has committed the offence?

 

 

No.

 

This is a criminal matter and they can require the RK to name the driver. The RK is not responsible for the fine unless he/she was the driver. If the RK fails to name the driver, he/she may well be prosecuted for the more serious offence of "failing to provide"

[Conniff]

SMOKER Andrew White was left fuming after a court ordered him to pay £365 for dropping a cigarette end in a car park.

White was spotted discarding the butt in the grounds of Easington District Council in Seaside Lane by one of the authority's street wardens.

The 31-year-old was issued with an on-thespot fine of £80, which would have been reduced to £50 if paid within ten days.

But when he failed to pay, the matter came before Peterlee Magistrates' Court, where White - who did not appear - was fined £100 and ordered to pay £250 costs and a £15 victim surcharge.

 

365 Cost Of Dropping Cigarette End (from The Northern Echo)

 

You can be given a fixed penalty notice of up to £80 if caught dropping litter. If you refuse to pay you will be taken to court. That’s what happened to Coventry woman Michelle Timms in January 2007. She refused to pay an initial fine of £75 for allegedly throwing a crisp packet out of her car. The local authority took her to court and she was found guilty and ordered to pay £100 fine and £100 costs.

 

Last year, an Oldham man was fined by Magistrates £100 with £110 costs for allegedly launching a cigarette end out of his vehicle.

[patdavies]

Ouch !

 

Proof positive - if any were needed - that you cannot simply ignore things and hope that they will disappear; particularly so for criminal matters.

[Rob S]

No.

 

This is a criminal matter and they can require the RK to name the driver. The RK is not responsible for the fine unless he/she was the driver. If the RK fails to name the driver, he/she may well be prosecuted for the more serious offence of "failing to provide"

 

Pat, you are wide of the mark on this one I'm afraid. The registered keeper is under no obligation to name the driver for an offence under section 87 of the Environmental Protection Act.

[JonCris]

No Rob but that's about to change in much the same way as the requirement by the RK to ID an offending driver has

 

However they cannot 'demand' you attend an interview under caution or otherwise & if they did they would be required to provide a solicitor not you. You can refuse & they have no powers to force you.

 

If they should 'ask' to interview you & you agree when you get there request a copy of PACE & if they haven't got one (which is highly possible) then sobeit they cannot proceed to interview you.

 

Incidently it's a thick document (don't let them fob you off with a single sheet) & you could if you wish spend most of the day reading it;) but remember it's quite boring so grit your teeth if you decide to follow this advice

[green_and_mean]

No Rob but that's about to change in much the same way as the requirement by the RK to ID an offending driver has

 

However they cannot 'demand' you attend an interview under caution or otherwise & if they did they would be required to provide a solicitor not you. You can refuse & they have no powers to force you.

 

If they should 'ask' to interview you & you agree when you get there request a copy of PACE & if they haven't got one (which is highly possible) then sobeit they cannot proceed to interview you.

 

Incidently it's a thick document (don't let them fob you off with a single sheet) & you could if you wish spend most of the day reading it;) but remember it's quite boring so grit your teeth if you decide to follow this advice

 

Surely PACE only covers the Police? Councils can invite you to an interview under caution which obviously they cannot force you to attend but failing to attend will not avoid prosecution or help your case.

[JonCris]

If your being interviewed under caution for any criminal offence, by anyone, your entitled to the protections afforded by PACE & that means being given a copy for you to read

 

99% of all low level convictions are based entirely or in the most part on statements made by the accused during interview

 

It may not stop them prosecuting but my advice would be to refuse to attend & save any defence for the court