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  • FIRST POST
    • Littlebit14
    • By Littlebit14 13th Jul 16, 12:32 PM
    • 30Posts
    • 89Thanks
    Littlebit14
    Advice on a FPN for littering
    • #1
    • 13th Jul 16, 12:32 PM
    Advice on a FPN for littering 13th Jul 16 at 12:32 PM
    Hi, I'm trying to get advice on behalf of a friend of mine who was issued with a fixed penalty notice for littering yesterday. Basically she was feeding pigeons in a town centre in order to try and get a better look at a couple that were obviously wounded (she runs an animal rescue that deals with small pets and wildlife). She didn't see until after she was issued the penalty notice that there are some signs saying don't feed the birds so she had no idea she was doing anything wrong. There was a man watching her at the time but he didn't approach, speak to her, ask her to stop what she was doing or anything until she made to leave at which point he issued her the notice. It states she 'did purposely litter food on to the ground and walked away leaving it on the pavement' - well food in question was wild bird seed and she left when it had all been eaten!

    The notice says she needs to pay £80 within 14 days or the fine goes up to £2500, what I'm trying to help with is finding out where she stands on contesting this as the only advice we can find online relates to parking. Thanks for reading.
    "Yesterday is gone. Tomorrow not yet come. We have only today. Let us begin."
Page 2
    • Ectophile
    • By Ectophile 19th Jul 16, 8:36 PM
    • 2,376 Posts
    • 1,416 Thanks
    Ectophile
    It's not ambiguous if there's a sign nearby saying "Don't feed the birds".

    It's a fair cop, tell her to pay the fine. I wouldn't tell a friend anything that might cause her to decide to stick her heels in and thereby cost her £2,420 or more.
    Originally posted by Malthusian
    Just because somebody chose to put up a sign saying "Don't feed the birds", it doesn't mean that it is a criminal offence to feed birds there.

    People can stick up any sign they like - that doesn't mean it's enforceable.
    • shaun from Africa
    • By shaun from Africa 20th Jul 16, 10:25 AM
    • 8,697 Posts
    • 9,756 Thanks
    shaun from Africa
    It also doesn't rule out the possibility that it IS enforceable
    Originally posted by daytona0

    Exactly.
    If a council has gone to the expense of getting signs erected, there is a fair possibility that there will something in place to enforce what those signs are trying to prohibit.
    • hollydays
    • By hollydays 20th Jul 16, 10:35 AM
    • 14,583 Posts
    • 10,377 Thanks
    hollydays
    There are always going to be new and over zealous enforcement people, they are probably on targets and being pushed to get more results. I blame the system that created these targets.
    • bod1467
    • By bod1467 20th Jul 16, 1:43 PM
    • 14,806 Posts
    • 13,448 Thanks
    bod1467
    Exactly.
    If a council has gone to the expense of getting signs erected, there is a fair possibility that there will something in place to enforce what those signs are trying to prohibit.
    Originally posted by shaun from Africa
    That doesn't mean it's a probability though. It's not unheard of for councils to put restrictions in place without getting the legalities sorted first.
    • Tiarose
    • By Tiarose 15th Oct 16, 3:07 AM
    • 1 Posts
    • 0 Thanks
    Tiarose
    Just thought I'd pop back and update - she successfully got the fine cancelled. Thanks all.
    Originally posted by Littlebit14
    Hello, I have a similar problem now, would you kindly advise what your friend wrote in her appeal letter?
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