Littering fine

Kordelia

Hi, I am new in the forum, Hi everyone, I need an advice, yesterday I have received a ticket for littering. Stopped at tesco parking, left my car, with a paper  half full tea  in my hand, opened the boots to take 3 empty shopping  bags, I left carefully my cup of tea next to my car to have free hands, grabbed my bags, closed the boots and went towards the shop, simply forgot to take my tea, 10 sec latter a council officer has came to me. He told me that he is going to give me a ticket, 150 fine for dropping a litter. At the beginning I was thinking it is a joke, after few minutes of polite conversation with him he told that he is going to call the police, I was so shocked, I gave him my details and he gave me a ticket living me extremely shocked. 
can you help me?
what can I now?
Its ridiculous
still can not believe what had happened!!
thanks

sammyjammy

Have you spoken to Tesco about it?  Surely the car park is private property?  To be fair though any story you tell him about the cup and forgetting it he'll have heard a million times (I'm not suggesting you are being untruthful!)

McKneff

Not all suprtmarket car parks are private. 
Some are council owned. 
Not sure if appealing will be successful  but you can try. 

the_lunatic_is_in_my_head

Sorry to hear OP, in a just world you'd hope for some understanding but a lot of councils hire private companies for enforcement and they are only interested in profit with "officers" encouraged to hand out as many tickets as possible.

The legislation covers public places open to the air so the council appear to have the right to enforce in a public car park (assuming it wasn't undercover?) and you did place litter and then leave it, albeit unintentionally.

Is there a reduced amount for paying early? 
   

Kordelia

No, fixed £150, 14 days to pay..

McKneff

I fail to see why you took your cup of tea out of the car to be honest, you would have had to stop your engine, handbrake on, open door, only then would you be able to pick your cup up...
Then you were opening a boot, moving a trolley, moving 3 shopping bags. 

the_lunatic_is_in_my_head

Kordelia said:

No, fixed £150, 14 days to pay..

That's a shame, sadly, in my limited understanding, you don't have a defence I'm afraid. 

I don't believe you can appeal such notices, paying the fine is effectively freeing you from attempted prosecution via the courts. Whether councils actually take the trouble to prosecute I don't know, from a personal view I'd rather pay the £150 than worry about the potential of going to court, particularly as to the letter of the law the offence has been committed.  

pinkshoes

Respond saying you put your cup of tea down to go and get a shopping trolley and it was not litter as if they had waited they would have see you return with the trolley to get it...

Was this an empty or full cup?!?!

Kordelia

Half  full

fatbelly

As I understand it, the offense is to 'drop and leave'

Apparently it's section 87 of the Environmental Protection Act 1990 (EPA), (as amended by the Clean Neighbourhoods and Environment Act 2005) if you want to check

You would have to show that you didn't do this

Ergates

McKneff said:

I fail to see why you took your cup of tea out of the car to be honest, you would have had to stop your engine, handbrake on, open door, only then would you be able to pick your cup up...
Then you were opening a boot, moving a trolley, moving 3 shopping bags. 

Presumably to drink whilst shopping before it went cold.   Or to dispose of in a bin.