Littering fine

mobileron

Give them a false name and address,what would happen then.

the_lunatic_is_in_my_head

fatbelly said:

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

Leave is the important aspect but the legislation advises:

https://www.legislation.gov.uk/ukpga/1990/43/section/87

A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.

So I guess OP would have otherwise deposited which they admit to, the cup would have blown away at some point and become what we all view as litter, it's just a shame the person didn't give OP "a talking too" rather than a fine.

mobileron said:

Give them a false name and address,what would happen then.

From 2019

https://www.basingstokegazette.co.uk/news/17554047.litterbug-gave-false-name-dropping-cigarette-butt-fined/

Guy suffered an additional £200 fine for the false details. £578 in total fines rather than than the original fine (probably £100). 

user1977

mobileron said:

Give them a false name and address,what would happen then.

They'd be committing an additional offence. Our money-saving advice here generally stops short of suggesting people commit criminal offences.

TELLIT01

By the letter of the law the OP is guilty.  I've seen reports of people being fined when a piece of paper falls out of their pocket.  Common sense would suggest that an 'offender' would be given the opportunity to pick up the offending item, but common sense doesn't generate income.

Viewing the issue from the other side, my mother lived opposite a row of shops and she regularly saw one driver collect the rubbish from their car, along with the ashtray contents, and dump it under the care.

user1977

TELLIT01 said:

Common sense would suggest that an 'offender' would be given the opportunity to pick up the offending item, but common sense doesn't generate income.

Why would that be common sense? If you get caught committing other offences, you don't generally get away with it if you undo whatever you did.

the_lunatic_is_in_my_head

user1977 said:

TELLIT01 said:

Common sense would suggest that an 'offender' would be given the opportunity to pick up the offending item, but common sense doesn't generate income.

Why would that be common sense? If you get caught committing other offences, you don't generally get away with it if you undo whatever you did.

Government guidance is for tickets not to be issued when litter is dropped without intent. 

To the letter of the law a tissue falling from your pocket unnoticed as you take out your wallet is an offence but it isn't within the spirit of the law.

In a democratic society it's common sense that people shouldn't have to live in fear of punishment for unintended minor infractions of the rules. 

user1977

the_lunatic_is_in_my_head said:

user1977 said:

TELLIT01 said:

Common sense would suggest that an 'offender' would be given the opportunity to pick up the offending item, but common sense doesn't generate income.

Why would that be common sense? If you get caught committing other offences, you don't generally get away with it if you undo whatever you did.

Government guidance is for tickets not to be issued when litter is dropped without intent. 

To the letter of the law a tissue falling from your pocket unnoticed as you take out your wallet is an offence but it isn't within the spirit of the law.

But in this case the OP says they "carefully" put the cup down, it wasn't accidental. Not sure how you'd distinguish between somebody deliberately putting litter on the ground (and intending to pick it up later) and somebody deliberately putting litter on the ground (with no intention of picking it up).

Petriix

Does a cup of tea (unfinished) constitute 'litter'? Is the term 'litter' well defined in law?

Exactly how long was the cup there? For a criminal conviction, a crime has to be proven 'beyond reasonable doubt'. I'd say there's likely grounds for reasonable doubt if you we intending to finish your tea. 

the_lunatic_is_in_my_head

user1977 said:

the_lunatic_is_in_my_head said:

user1977 said:

TELLIT01 said:

Common sense would suggest that an 'offender' would be given the opportunity to pick up the offending item, but common sense doesn't generate income.

Why would that be common sense? If you get caught committing other offences, you don't generally get away with it if you undo whatever you did.

Government guidance is for tickets not to be issued when litter is dropped without intent. 

To the letter of the law a tissue falling from your pocket unnoticed as you take out your wallet is an offence but it isn't within the spirit of the law.

But in this case the OP says they "carefully" put the cup down, it wasn't accidental. Not sure how you'd distinguish between somebody deliberately putting litter on the ground (and intending to pick it up later) and somebody deliberately putting litter on the ground (with no intention of picking it up).

I do agree the placing of the cup wasn't accidental but the leaving was (offence requires both to occur), judging solely on what OP said. It's down to the discretion of the person giving the ticket or the discretion of the court if the person chooses not to pay the fine. 

The problem with court is time and the risk of paying much more, the problem with the person issuing the fine is they may not be acting without bias. 

It could go either way with this case as you may well deliberately leave your cup on the floor by the car because you can't be bothered to carry it to the bin or may be absent minded and actually wanted to finish your drink but genuinely forgot.

sheramber

It is a common way of disposing of an unwanted item.  If someone challenges they will be told I forgot about it or I was going to dispose of it when I came back.

If nobody challenges then they drive off and leave it.