How to Avoid Paying a Littering Fine – Do I Appeal?
Are you upset about a littering fine? Not sure what to do next? You’ve come to the right place. Each month, over 130,000 people visit our website for guidance about fines.
This guide will explain:
- What littering is.
- What a littering fine means.
- Who can give you a littering fine.
- Ways you might not have to pay your littering fine.
- What happens if you don’t pay your fine.
In 2021, Churchill Motor Insurance reported an 8% increase in penalty charge notices (PCNs) in Britain, with over 5.2 million issued.1 We know that getting a littering fine can make you worry about paying it. But you’re not alone — we’re here to help you understand your options.
Paid legal information from JustAnswer
JustAnswer is a paid third-party question-and-answer service providing general information. Its standard service does not create a solicitor-client relationship. Membership can renew automatically with recurring charges until cancelled. Check the initial price, renewal price and cancellation terms before signing up. Buying this service does not guarantee a successful challenge. See JustAnswer’s membership and cancellation information.
You can use the official challenge process without buying a paid service. If you choose to use JustAnswer, visit JustAnswer to read its service and payment terms.
Commercial link to JustAnswer. MoneyNerd may receive a referral fee. No successful outcome is guaranteed.
What is a Littering fine?
A Fixed Penalty Notice is issued when a person commits the offence of dropping litter; it may be called a littering fine. Fixed Penalty Notices can be issued for speeding, not wearing a seat belt while driving, and for littering offences. There are also fines for public urination, and you can even get a fine for dropping cigarette ends.
As I see it, local authorities may issue FPNs for various reasons.
Who can issue Littering fines?
Several littering regulation bodies, including Environmental Enforcement Officers, the Police and Community Support Officers, can give fines for littering.
Some councils encourage members of the public to report people who have been seen littering too.
Is littering a criminal offence in the UK?
Even though the Fixed Penalty Notice is given under civil law, littering remains a crime in the UK, and there are legal consequences for littering if you don’t pay the FPN.
Note: If you give an enforcement officer incorrect information when they are gathering your details, you could face legal action. The Environmental Protection Act of 1990 makes it criminal to conceal or give false information when a question is posed.
When fraudulent information is provided, the police may be contacted, and there is a chance that the offender may be arrested and prosecuted.
The enforcement officer must tell you why you have been stopped and why your details are required.
What happens if I ignore it?
When you get your littering fine, you will see that it gives you clear instructions about paying, but you might not know the consequences of not paying a littering fine.
The maximum fine for dropping litter is £150; however, if you pay within the early-repayment time, you will benefit from a 50% reduction. Therefore, if you were given an initial fine of £150, you would only have to pay £75.
When you ignore your Fixed Penalty Notice for littering, it will be escalated. Any FPN issued requires the person who received it to take action by either paying the fine or taking it to court to be decided.
By ignoring littering penalties, you will see more charges added until it results in a court summons. If you ignore the hearing date, you will be found guilty and ordered to pay a higher fine.
When bailiffs are contacted, they will add their own fees on top, and you can see the cost of the initial £75 (reduced early repayment cost) increase quickly.
Not only will the costs increase, but there is a potential to receive a criminal record for non-payment if convicted in a magistrates court.
Check the right challenge process
A Fixed Penalty Notice does not normally use the council parking tribunal process. The notice explains how to dispute the allegation, which may require a court hearing. If convicted, the penalty and costs can be higher than the fixed penalty. Check the process and deadlines before deciding what to do.
General information. The procedure depends on the notice and jurisdiction. Check the issuer’s instructions.
How can I avoid paying the fixed penalty notice?
You can only avoid paying a littering fine if you appeal and present a strong case in court that you did not drop any litter.
Seeking legal assistance for littering offences is a good idea if you intend to take the FPN to court.
The Process of Appealing
There is no formal process for a legal appeal against littering fines, but you must check with the FPN issuer for information on whether the fixed penalty can be challenged. Authority details should be given on the FPN. From my experience, you will need strong evidence to back your appeal if you take the matter to court.
I have compiled more information about FPN littering appeals to help you decide if it is the right move for you.
Legal information through JustAnswer
JustAnswer is a paid third-party question-and-answer service providing general information. Its standard service does not create a solicitor-client relationship. Membership can renew automatically with recurring charges until cancelled. Check the initial price, renewal price and cancellation terms before signing up. Buying this service does not guarantee a successful challenge. See JustAnswer’s membership and cancellation information.
Historical JustAnswer review image. The displayed rating and review total are not live. Reviews do not predict your case outcome. Membership fees and renewal terms apply.
What are the best excuses to avoid a fine?
Councils in the UK are cracking down on people who litter; many will not accept any excuses for littering.
Can I say I did not see a sign about littering to avoid paying?
Since littering has been illegal for over 30 years, councils do not need to put signs up to prevent littering in all public spaces. Fixed Penalty Fines for littering were introduced to help support the regulations and laws already in place.
As you can see here on MoneySavingExpert, this forum user’s friend did not see the ‘don’t feed the birds’ signs and proceeded to feed the pigeons. Consequently, the friend was issued an FPN.
What if I pick my litter back up?
If you are spotted by police, Community Support Officers or Environmental Officers dropping litter, even if it is picked up after, the act of dropping litter is still committed.
» TAKE ACTION NOW: Get legal support from JustAnswer
Is it possible to get out of it?
Taking the matter to court and winning is the only way to get out of a littering fine.
Here are the options you have for handling your FPN:
- Call the courts and explain that you cannot afford the fine, ask if it can be cancelled or you can pay in instalments
- Pay the fine within 14 days to receive the 50% discount
- Take the matter to court
Before using a paid legal information service
JustAnswer is a paid third-party question-and-answer service providing general information. Its standard service does not create a solicitor-client relationship. Membership can renew automatically with recurring charges until cancelled. Check the initial price, renewal price and cancellation terms before signing up. Buying this service does not guarantee a successful challenge. See JustAnswer’s membership and cancellation information.
A paid service is optional. Gather your notice and evidence, check the deadline and decide whether you need professional advice about your circumstances.
Commercial link to JustAnswer. MoneyNerd may receive a referral fee. Check all charges and cancellation terms before signing up.
References
