FPN for Littering Offence

nuzzy84

Hello, I am looking for advice regarding a letter I received from Newham Council regarding a littering offence.

On the 28th March 2023, I received a letter from the Waste Enforcement Team for Newham Council quoting the Police and Criminal Evidence Act 1984 – Interview under Caution under the Environmental Protection 1990 s33, s87, s46, s47.

The letter states that they are currently investigating a suspected waste offence which consisted of a large cardboard box. As part of the investigation, they attached evidence containing my name and address which was found amongst the waste, with attached photographs. 

The letter was written to me to provide an opportunity to answer questions relating to the suspected offence, and to invite my written comments under caution. If I responded to the questions, it is on the basis that I am voluntarily agreeing to be interviewed by written correspondence under caution and in accordance with the Codes of Practice under the Police and Criminal Evidence Act 1984. 

The letter included a list of questions ranging from personal details to who lives at my address, how is waste disposed at the property etc  and questions regarding the waste shown in the photos they attached as evidence.

On receipt of this letter, I was instantly confused as I did not recognise the Location (Arragon Road) to which this offence had allegedly occurred on the 25th March 2024 and the main reason being that I have never committed any waste offence. Having reviewed the photos carefully, I could make out the cardboard box within the waste they found and it did indeed have my name and address as they stated. HOWEVER, this box was left by myself in my orange recycling bin outside MY property! I googled Arragon Road, and this is a good 20 minutes away from my property. I immediately responded to the letter by email, stating clearly that I did not commit this offence. Here is the response I provided:

“Hi Reece,

I have just received a letter from yourself regarding a suspected waste offence on Arragon Road. Having reviewed the evidence submitted, I can say that I DID NOT commit this offence.

 Here are the responses to the questions in the letter you sent:

I dispose of rubbish on the property listed above using either the normal waste (green) or recycling (orange) bins as provided and collected by the Council on a weekly basis. I take care in ensuring that the correct waste goes into the correct bin. These bins are located right outside the property. 

Having looked closely at the evidence, I can just about make out that box with my details on it. I can confirm that this box did belong to me, BUT I had left this outside MY property in the recycling bin as per usual. As the box still had an item within when I left it outside my property for collection with my usual waste, I believe it was picked up by someone else who took an interest to the contents of the box. It is very common in this area that people often go through other people’s bins for items that may catch their eye. My property is on a public street, and the waste bins are easily accessible by anyone walking past.

I have never even heard of Arragon Road prior to receiving this letter, nor do I know of anyone who resides there. Having looked at Google Maps, this location is a good 20 minutes away from my property, which does not make sense for me to dispose of waste there as I have all the necessary facilities for disposing of waste at my property. Even if I was to dispose waste there, why would I leave clear details of my name and address on the mentioned box?? To me it seems that whoever picked the box up from my property has taken the contents and discarded the box on Aaragon Road and may even be a resident there or nearby. Obviously, I cannot confirm this.

I do not recognise any of the other waste shown in photographs RB01-RB04 other than the cardboard box. I again reiterate that I have no idea when, or how the box was left at Aaragon Road. I am fully confident that I have not committed any offence here and am happy to speak further with yourself if you indeed need more detailed answers.”

I received a response back by email on the 9th April stating the following:

“Re: Environmental Protection Act 1990 Section 87(1) and 87(5)

Offence of Depositing and Leaving Litter.

Thank you for your response to the interview questions dated 03/04/24.

On this occasion, having reviewed your answers, I have concluded this matter can be dealt with by service of a Fixed Penalty Notice (FPN)

All householders, including yourself have a Duty of Care under Section 34 of the Environmental Protection Act 1990, to ensure that any waste generated at your property is disposed of legally and responsibly.

There is no appeal against this FPN, it is an invitation for you to discharge your liability to prosecution for the offence. This means that if you pay the fixed penalty then you will not be prosecuted. If you do not pay the FPN, then you will be liable to prosecution for the offence.

If payment is received for the FPN the matter will be closed and no further action will be taken. However, if payment is not made within the 14 day period, then your case will be referred to our legal department for prosecution.

If you wish to make representations relating to the issue of this Fixed Penalty you can do so by emailing us at Newham.council@lasupport.co.uk.

You will receive this FPN in the post.”

I then received details of this FPN in the post dated 10th April stating that from the answers I sent back in response to the PACE questionnaire that was sent to me, and concluded that with the evidence available, this matter can be dealt with by service of this FPN.  The notice states that this offers me the opportunity to discharge my liability to conviction for the above offence by payment of this fixed penalty notice. Payment within 10 days will be at the reduced rate of £100 or if paid within 14 days at the full rate of £150. If I fail to make payment within 14 days I may be summonsed to appear in the Magistrates court for the offence.

Understandably I am quite upset that I am being prosecuted for an offence that I did not commit or even had a reason to commit. In particular the Officers response that it is a responsibility of all Householders to ensure that any waste generated at the property is disposed of legally and responsibly. I had disposed of the box in my recycling bin which is collected regularly by the Council weekly, so I am not sure how much more I could have done to dispose of this box legally? This box has been in my property since Covid and I did not even realise that it still had my name and address on it. 

This is quite distressing as I am feel unfairly prosecuted and that I have to pay a FPN that is not appealable! It also seems that the Council did not take my responses into consideration at all, as there is absolutely no reason for me to have committed this offence. I have since taken photos of how the bins are located at my property, and along my street showing how easily accessible they are to anyone walking by if this will help.

£150 is a lot of money, especially during this cost of living crisis that we are in, so would be grateful for any advice on how I could deal with this? What would happen if I get summonsed? Can I ask the Council for more proof that I had committed this offence?

Grateful for any help.

Regards, Nurul

the_lunatic_is_in_my_head

Hello OP

The first letter was a fishing expedition, if they had enough to issue the FPN they would have done so without the letter.

The point of that first letter wasn't an opportunity for you to prove your innocence but instead an opportunity for you to say something to incriminate yourself, which you appear to have done based on their response. 

The FPN is appealable but only via the courts who will decide whether you are guilty or not of the offence. 

Always peel your address off anything you dispose off, small fire in a bucket every now and then to get rid of it, these types of threads seem more common than they should be.

I can't say what your chances are in the Magistrates court or whether the council would attempt to prosecute, might get more knowledge over on the forums at pepipoo.  

DE_612183

If there were other items "dumped" I'd be tempted to say your prepared to have your finger prints taken so they can exclude all the other items said to be dumped, thus proving your innocence.

However there are many stories of these going to court and people losing even if they haven't dumped the rubbish themselves.

I take it you haven't got any doorbell video or any thing like that to prove your innocence?

Like others - anything with a name and address gets shredded first.

Martyn_H

I'm not sure how the OP has said anything incriminating if they placed the box in their recycling bin.

Is a FPN without the ability to appeal even legal? 

the_lunatic_is_in_my_head

Martyn_H said:

I'm not sure how the OP has said anything incriminating if they placed the box in their recycling bin.

Is a FPN without the ability to appeal even legal? 

nuzzy84 said:

I dispose of rubbish 

They probably didn't read past that bit.

Standard for these FPNs, you aren't obligated to pay them but payment is I think an admission of guilt and the matter closed, if you don't pay the council can prosecute via the Magistrates court's if they feel they have enough evidence and you'll have a chance to defend yourself. 

Martyn_H

If the OP loses in the Magistrates Court, will they have to pay costs in addition to the FPN?

user1977

Martyn_H said:

Is a FPN without the ability to appeal even legal? 

Who said there's no ability to appeal? If you don't pay it then it goes to court (if the council can be bothered to prosecute) - you put forward your defence there (and/or challenge the council's evidence).

Martyn_H

There's no ability to appeal the FPN before it goes to the Magistrates Court.

user1977

Martyn_H said:

There's no ability to appeal the FPN before it goes to the Magistrates Court.

Yes - so similar to, say, fixed penalties for motoring offences.

the_lunatic_is_in_my_head

Martyn_H said:

If the OP loses in the Magistrates Court, will they have to pay costs in addition to the FPN?

Max fine is £2500, but I don't think the court has to go that high but would probably be higher than £100, Newham says you may have to pay additional costs, perhaps that's the council's legal fees and small victim fee?

https://www.newham.gov.uk/transport-streets/street-litter

Alderbank

Unfortunately I think the OP was (unwittingly) guilty of allowing the escape of waste, which is an offence.

Waste producers (that's all of us) are each responsible for safe keeping of their own waste until we hand it over to an authorised person. In practice that means taking it yourself to a Council household recycling point or giving it to the collection guys on bin day. Leaving it unattended in a public place is not enough.

Contrary to popular belief your responsibility does not end when you park your wheelie bin out on the pavement early on bin day or the night before, it only ends when your waste is tipped into the bin lorry.

The purpose of the legislation is to control fly-tipping.

The relevant wording of the Environmental Protection Act is:
It shall be the duty of the occupier of any domestic property in England or Wales to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.

i would have thought that the OP should at least have the opportunity to appeal on the grounds that he had taken all such measures available to him as are reasonable in the circumstances (if that was the case).