Appeal a fixed penalty notice

Fixed Penalty Notices (FPNs) are issued to deal with certain environmental offences, they are a way of discharging liability and payment of the FPN will mean the case is closed.

If you would like to make a representation (appeal) against a fixed penalty notice you need to complete the link below with a written summary of the grounds for your appeal.

For Littering from Vehicles – you will need to select one of the grounds (A-L) from the rear of the letter you received notifying you that an offence had been witnessed. You can still use this link but include the letter (A-L) and outline the evidence to support the representation.

The FPN will be placed on hold whilst the appeal grounds are reviewed, and you will then be notified of a decision in writing either by letter or email.

If your appeal is upheld, the FPN will be cancelled, and you will no longer have to pay the FPN.

If your appeal is not upheld (unsuccessful) then you will be notified in writing either by email or letter and you will be advised on how much you will need to pay. This will be at the discounted rate for a further period as outlined in your email/letter.

The table below shows the payment rates:

Appeal a fixed penalty notice

Fixed penalty notice offence table

Code	Offence	Legislation	Fixed Penalty	Discount Rate	Max Penalty on Conviction
SM1	Nuisance Parking	S6(1) Clean Neighbourhoods & Environment Act 2005	£100	£60	Level 4
SM2	Abandoning a Vehicle	S2A(1) Refuse Disposal Amenity Act 1978	£200	£120	Level 4
SM3	Litter	S88(7) Environmental Protection Act 1990	£150	£75	Level 4
SM4	Non-compliance of Community Protection Notice	S48 Anti-Social Behaviour Crime and Policing Act 2014	£100	£50	Level 4 Unlimited fine for a corporate body
SM5	Unauthorised Distribution of Literature	Sch 3A Paragraph 7(5) Environmental Protection Act 1990	£150	£75	Level 4
SM6	Fly posting or Graffiti	S43 A (3) Anti-Social Behaviour Act 2003	£150	£75	Variable
SM7	Fail to Produce Authority (Waste Transfer Notes)	S34A Environmental Protection Act 1990	£300	£180	Unlimited fine
SM8	Fail to furnish documentation (Waste Carriers Licence)	S5B Control of Pollution (Amendment) Act 1989	£300	£180	Unlimited fine
SM9	Waste receptacles and putting waste out	S46 Environmental Protection Act 1990	£60	£40	Civil proceedings
SM11	Breach of Public Spaces Protection Order	S67 Anti-Social Behaviour Crime and Policing Act 2014	£100	£50	Level 3
SM12	Unauthorised Waste Disposal	S33 (1) (d) Environmental Protection Act 1990	£400	£280	5 years imprisonment Unlimited fine
SM14	Duty of Care	S34 (2C) Environmental Protection Act 1990	£400	£280	Fine up to statutory maximum

Fixed penalty notice offence table (from July 1, 2024)

Code	Offence	Legislation	Fixed Penalty	Discount Rate	Max Penalty on Conviction
SM1	Nuisance Parking	S6(1) Clean Neighbourhoods & Environment Act 2005	£100	£60	Level 4
SM2	Abandoning a Vehicle	S2A(1) Refuse Disposal Amenity Act 1978	£200	£120	Level 4
SM3	Litter	S88(7) Environmental Protection Act 1990	£500	£375	Level 4
SM4	Non-compliance of Community Protection Notice	S48 Anti-Social Behaviour Crime and Policing Act 2014	£500	£375	Level 4 Unlimited fine for a corporate body
SM5	Unauthorised Distribution of Literature	Sch 3A Paragraph 7(5) Environmental Protection Act 1990	£150	£75	Level 4
SM6	Fly posting or Graffiti	S43 A (3) Anti-Social Behaviour Act 2003	£500	£375	Variable
SM7	Fail to Produce Authority (Waste Transfer Notes)	S34A Environmental Protection Act 1990	£300	£180	Unlimited fine
SM8	Fail to furnish documentation (Waste Carriers Licence)	S5B Control of Pollution (Amendment) Act 1989	£300	£180	Unlimited fine
SM9	Waste receptacles and putting waste out	S46 Environmental Protection Act 1990	£60	£40	Civil proceedings
SM11	Breach of Public Spaces Protection Order	S67 Anti-Social Behaviour Crime and Policing Act 2014	£100	£50	Level 3
SM12	Unauthorised Waste Disposal	S33 (1) (d) Environmental Protection Act 1990	£1000	£750	5 years imprisonment unlimited fine
SM14	Duty of Care	S34 (2C) Environmental Protection Act 1990	£600	£450	Fine up to statutory maximum

Last updated: Mon 17th June, 2024 @ 14:57