Fixed Penalty Notice Littering Appeal – Do I Pay? 

Have you recently received a Fixed Penalty Notice for littering and are unsure what to do next? This guide aims to help answer your questions and fears.

Over 130,000 people visit our website each month looking for guidance on fines and penalties. Here, we offer you easy-to-understand advice on:

•  The meaning of a Fixed Penalty Notice for littering.
•  Whether or not you need to pay your Fixed Penalty Notice.
•  How to appeal a Fixed Penalty Notice for littering.
•  Circumstances where you might not have to pay.
•  The consequences of not paying the notice.

In 2021, Churchill Motor Insurance reported an 8% increase in penalty charge notices (PCNs) in Britain, with over 5.2 million issued.¹ We understand that receiving a Fixed Penalty Notice can be stressful, especially if you’re worried about affording the fine.

But don’t worry; we’ll help you explore your options and make an informed decision for you.

Is littering a criminal offence?

While the Fixed Penalty Notice is issued under civil law, littering is considered a criminal offence in the UK under UK littering regulations.

How much will I pay for littering in the UK?

If an Environment Enforcement Officer spots someone dropping litter, they can take details and issue an FPN. 

The price for a Fixed Penalty Notice for dropping litter is £150 – however, if you pay within the early-repayment time, the fine is reduced to £75. 

Who can issue them?

Several people can issue a fine for littering, including Police Officers, Environmental Enforcement Officers (they may be called Environmental Enforcement Officers) or Community Support Officers. 

Most councils may have the ability for members of the public to report littering issues too.

Can I make an appeal?

There isn’t a formal process for appealing Fixed Penalty Notices; you can choose to take on the guilt and pay the fine or take the matter to court and use legal defences for littering.

There are a few common PCN defences that you can use if you decide to appeal your ticket.

Common PCN Defence	Explanation
You were parked correctly	By law, your ticket should be cancelled if you haven’t broken any parking laws.
Unclear, incorrect, or missing signage	It is a legal requirement that all parking areas or roads with parking restrictions have clear road markings or signage. You also have a good defence if your ticket was sent in the post, but there were no signs warning of CCTV or ANPR systems when you parked.
You had no way to pay	You can appeal your ticket if you can prove that the only available ticket machine was broken or damaged. You also won’t win your appeal if there is a sign telling you not to park if there is no way of paying.
It wasn’t you who committed the parking infraction	The ticket should be cancelled if you didn’t commit the parking infraction as someone else was driving your car.
You couldn’t get back to your car	People with some disabilities or small children are protected from discrimination by the 2010 Equality Act. Struggling to get back to your car could be legitimate grounds for appeal.
Your car had broken down	If you got a ticket whilst waiting for your car to be towed or fixed, you have strong grounds for appeal. The ticket issuer should have understood that you physically couldn’t move it.
You were only just out of time	Late by just 5 or 10 minutes? You can appeal as you are entitled to a ‘grace period’ after your parking time runs out.

Before an FPN is issued, there has to be evidence against the person who allegedly committed the offence. So most often, to have the FPN cancelled, it is usually requested that evidence like witnesses and photos are provided. 

You can take the matter to court if you disagree with the fine. There will often be court fees added on, so it is a good idea to see if you are entitled to free legal advice.

Since there are no other options for appealing in most circumstances, the court becomes the default mechanism for those who disagree with the fine. 

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Can I ignore a fine for littering?

A Fixed Penalty Notice requires you to take action one way or the other. If you ignore the fine because you don’t believe it was fairly issued, the matter will go to court. 

If the court finds you guilty of the offence, you are liable for a fine of up to £2,500. 

Remember that paying the original fine within 14 days will be reduced by 50% and helps you to avoid the consequences of ignoring FPN.

I didn’t see a ‘no littering’ sign. Do I need to pay an FPN? 

The legislation for littering has been in action in the UK for many years, and councils aren’t required to put signs in all public places. Fixed Penalty Fines were introduced to enforce the regulations already in place.

Many people think that if they didn’t see someone watching them or dropped the litter and then picked it up, they would get fined, but this is not usually the case. For the reasons above, local authorities are pretty strict on this. Remember, as well as using enforcement officers, councils also have access to CCTV to enforce fines.

Using this as a reason to appeal (go to court) over a Fixed Penalty Notice isn’t a great idea. 

What if I give fake details?

When an enforcement officer collects your details, you may be prosecuted if you give false information. Under the Environmental Protection Act of 1990, giving false information or withholding information when asked is illegal. 

Where false information is given, the police can be called, and arrest and prosecution are possible. 

Note: the enforcement officer must tell you the offence you are being questioned on and why your details are being requested. 

How do I get out of a Fixed Penalty Notice for Littering?

Littering is now classed as a criminal offence, and the options you have for dealing with your fixed penalty notice are as follows: 

• To accept guilt and pay the fine (if paid within 14 days, you will receive a 50% discount)
• Call the courts/Local authority to explain your situation and see if a payment plan can be arranged.
• Go to court and dispute the FPN through the littering dispute process.

It is not a good idea to ignore your FPN, which will land you higher fines and a possible criminal conviction. 

References

1. Direct Line Group — Parking Fines Statistics