Fixed Penalty Notice - Littering

[greenorange]

My wife has just been issued with an FPN for dropping her cigarette outside a pub. She did offer to pick it up and the PCSO said he was going to caution her then issued her with an FPN instead. There were no ashtrays outside of the pub. Can my wife contest the FPN saying that she was simply putting it out before she was going to throw it in a bin? Also, the FPN does not state the date on which the offence was committed, although it has been signed and dated by the PCSO, so again, can it be contested on these grounds. One last excuse, can she simply say that someone else gave her name and address?

[terambulan]

If there was no warning notice for litter-fining, then she's okay to fight the case.

S'pose the wind blew it out of her hands.....by the time she retrieved it the officer gave her the notice?


How much is the fine?

[bednobs]

if you want to contest an fpn, dont you have to go to court?
do you really want the fine, plus the court costs?

[Ethel]

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.

Good info here:
http://www.consumeractiongroup.co.uk/forum/par king-traffic-offences/128666-fixed-penalty-not ice-littering.html

[cassa333]

Regardless of the rights and wrongs of litter taxes I find it incredible that there is a � fine victim surecharge. Who was the victim? Also is the victim charge on a sliding scale? or is it �15 if you murder someone or litter?

[CharlesW]

What's more important is the English Bill of Rights 1689....
You have "Freedom from fine and forfeiture without a trial". In other words, the fixed penalty notice is illegal. You cannot be made to pay a fine or forfieture without first being judged by a jury of your peers.
Do a Google search for "public defender" and click on the TPUC website. Then click on Public Defenders and follow your nose. Those guys may be able to help.

[buildersmate]

Hmm. Sounds like a piece of redundant legislation that ought to be repealed pretty quickly then - before too many others try and use it to clog the judicial system and avoid the consequences of their actions.

[monty0703]

My neighbour got fined for dropping a fag end in the park and he was fuming. I was glad because he's always dropping butts in our communal garden area. Wish there were more people actually getting fined for littering - there's no excuse.

[bushbaby_de]

As an aside, I'm pretty sure under the new smoking legislation that pubs and the like are required to have ashtrays at their entrances, or signs telling you not to smoke there? Can anyone confirm/contradict??