Fixed Penalty Notices
FAQs
Frequently asked questions about
Fixed Penalty Notices.
What is a Fixed Penalty Notice?
What can FPNs be issued for?
What is classed as "litter"?
What does the law say?
What happens if I don't pay?
Can I pay my fine by installments?
What happens if someone refuses to give their details
to an authorised officer?
Can I appeal against a FPN?
How much does a FPN cost?
There were no signs in the area where I dropped the
litter, why should I still pay the FPN?
Why should I pay a FPN for littering when there were
no litterbins nearby at the time?
Why was I not given a warning before being issued a
FPN?
Is dropping a cigarette butt classed as
"littering"?
I could not place my cigarette stub in the litterbin
as it could have caught on fire but I was still issued with a FPN.
Is this fair?
If I pick up the litter after an officer has
approached me, do I still receive a fine?
Can I pay the enforcement officer straight away when
the FPN is issued to me?
What are the options to pay the FPN?
What is a Fixed Penalty
Notice?
A Fixed Penalty Notice (FPN) is
a notice served by an authorised enforcement officer, such as a
street scene enforcement officer, to a person who has committed a
criminal offence. FPNs may be issued on the spot or through the
post. By paying this fine it means you agree that you have
committed the offence, no further action will be taken against you
and you can avoid being prosecuted in the criminal courts or
receiving a criminal conviction.
What can FPNs be issued
for?
FPNs can be issued for a range of
environmental-related offences including:-
- littering
- failing to remove dog faeces
- placing waste out too early for collection
- businesses not disposing of waste properly
- abandoning a vehicle
- selling/repairing vehicles on the highway
- graffiti
- fly-posting
- unlicensed street trading.
What is classed as
"litter"?
The term "litter" covers a
wide range of items, which can include such things as cigarette
butts, food waste, packaging or a bag of waste discarded on the
street. Littering can take place on any land (public or private) in
the open air to which the public have access to. It is a criminal
offence that carries a fine of up to £2,500 and could leave you
with a criminal record.
What does the law
say?
Under the Clean Neighbourhoods and
Environment Act 2005 and Environmental Protection Act 1990, Newham
Council can issue FPNs for a number of environmental offences.
These can be issued by local authority officers and other
authorised officers, such as Police Officers.
What happens if I don't
pay?
If payment of the fixed penalty notice is not made within a
specified amount of time, we will refer the matter to the courts
for prosecution. However, the fine is reduced if you pay within a
set number of days, as indicated on the FPN.
Can I pay my fine by
installments?
No, you cannot pay the
fine in installments.
What happens if someone refuses
to give their details to an authorised
officer?
It is an offence to fail to
give your name, or give a false address to an authorised officer
when asked and you could be prosecuted for failing to give these
details.
Can I appeal against a
FPN?
No, you cannot appeal. If you
choose not to pay the FPN, you are opting for your case to be heard
in court and if you are found guilty, you could face a larger fine
and receive a criminal conviction.
How much does a FPN
cost?
The cost of an FPN depends on the offence and these costs are
listed below along with the possible conviction costs if the matter
goes to court.
| Description of offence |
Fixed penalty amount if paid within 10 days |
Fixed penalty amount payable within 14 days |
Maximum penalty on conviction |
| Littering |
£50 |
£80 |
£2500 |
Nuisance Parking
(resulting from vehicles for sale or vehicle repairs)
|
£60 |
£100 |
£2,500 or imprisonment (for a term not exceeding three months
or both) |
| Abandoning a vehicle |
£120 |
£200 |
£1000 |
| Failure to comply with a Dog Control Order |
£50 |
£80 |
£1,000 - £5,000 (dependant on offence) |
| Graffiti and flyposting |
£50 |
£80 |
£1000 |
| Unlicensed street trading |
£90 |
£150 |
£2500 |
| Unauthorised distribution of literature on designated land |
£50 |
£80 |
£5000 |
| Failure to produce proof of authority to transport waste (waste
carrier's license) |
£180 |
£300 |
£5000 |
| Failure to produce proof complying with duty of care with
regard to managing waste (waste transfer notes) |
£180 |
£300 |
Unlimited on indictment |
| Failure to comply with a Street Litter Control Notices or
litter clearing notice |
£60 |
£110 |
£2,500 |
There were no signs in the
area where I dropped the litter, why should I still pay the
FPN?
Newham Council is not required to place signs in every street,
road, highway or open park/space to inform people about not
dropping litter or that street scene enforcement officers are
operating in the area.
Why should I pay a FPN for
littering when there were no litterbins nearby at the
time?
As with signage, it is not
possible for Newham Council to place litterbins in every street and
road in the borough, though we do make every effort to place bins
where they are most needed such as areas with the greatest levels
of pedestrian footfall. Where bins are not available, it is up to
everyone to act responsibly and either take their litter home or
carry it until a litterbin is available.
Why was I not given a warning
before being issued a FPN?
Newham
Council has conducted a number of surveys amongst its residents to
identify the things you most want us to tackle.
Environmental-related issues such as littering and dog fouling have
been highlighted as areas of very high concern. We are listening to
you and taking our enforcement duties seriously by addressing your
concerns. Our street scene enforcement patrols seek to target those
who choose to ignore the laws by which the majority of people
abide.
Newham Council is constantly campaigning to keep our streets clean
and tidy. Posters, articles in the Newham Magazine and Newham
Council website and other advertising publicity have been produced
to help get our messages across about making our borough a pleasant
place to live, work and stay.
Is dropping a cigarette butt
classed as "littering"?
Yes, litter
such as cigarette butts and chewing gum causes a great deal of
nuisance and are expensive and time consuming to clean up.
I could not place my cigarette
stub in the litterbin as it could have caught on fire but I was
still issued with a FPN. Is this fair?
Smokers are responsible for ensuring that they completely
extinguish their cigarettes before placing them in the bin.
Cigarette waste is the same as any other waste in terms of litter
laws and you can be issued with a FPN for not disposing of
cigarette stubs properly. Obviously care should be taken to avoid
any risk of fire and in particular cigarette ends should be
completely extinguished on the stubbing plates provided on many
litterbins before the stub is thrown into the bin. Alternatively
you can purchase "stubbing pouches" to enable you to extinguish
your stub and before putting it in a litter bin or taking it
home.
If I pick up the litter after
an officer has approached me, do I still receive a
fine?
Littering offences relate to the
dropping or depositing of litter so whether or not you volunteer to
pick up your litter afterwards, you have still committed an offence
and will receive a FPN.
Can I pay the enforcement
officer straight away when the FPN is issued to
me?
No, the officer cannot accept any
form of payment. There are a number of ways you can choose to pay
the fine, which are listed below.
What are the options to pay
the FPN?
You can pay your fine by any
of following methods:-
Online
Pay online via the My Newham portal using a debit or credit
card. Simply enter your Fixed Penalty Notice number, confirm the
details and progress to making a payment.
Please note: it may take up to 24 hours before a
Fixed Penalty Notice payment can be made online.
By phone
Using a credit or debit card when
calling 020 8430 2000 between Monday to Friday, 8am to 6pm and
Saturday 9am to 1pm.
You will be asked for the following information:
- who issued the notice (officer's name and number)
- Fixed Penalty Notice number
- date of issue
- offence code.