Council Fine litter Dropping In Supermarket Carpark!

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NATURAL ANKLING
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Council Fine litter Dropping In Supermarket Carpark!

Post by NATURAL ANKLING »

Hi,
Yes its true.
I will admit that I initially thought No way Josey :!:
But all legal.

My partners work mate got a letter and a £80 fine...................fag end....

I think if there was no video /photo evidence you could appeal, certainly if a council inspector attempts any intimidation you are very unlikely to pay a fine.......
NA Thinks Just End 2 End Return + Bivvy - Some day Soon I hope
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cycle tramp
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by cycle tramp »

That's interesting. Is the supermarket car park owned by the council then or is it private property?
It's time to go :-)
Psamathe
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by Psamathe »

cycle tramp wrote: 1 Dec 2021, 7:25pm That's interesting. Is the supermarket car park owned by the council then or is it private property?
Could be. Near me there is a supermarket with a Council Car Park. If effect the supermarket is next to the Council Car Park (there are a couple of other shops beside the car park as well). I have no idea about OPs situation but might be a car park next to a supermerket.

Ian
thirdcrank
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by thirdcrank »

AIUI the ownership of the land is irrelevant for littering offences (except that the landowner isn't covered by the legislation.)

https://www.legislation.gov.uk/ukpga/1990/43/section/87
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NATURAL ANKLING
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by NATURAL ANKLING »

Hi,
So, don't drop anything in a open space accessible by the public.
Another story is a person left mc dougall's and threw a piece of lettuce out the window of car............-
https://www.itv.com/news/wales/2015-08- ... drive-thru

"A young mum was fined £75 for littering after a piece a lettuce leaf fell out of her McDonald's meal.

Emma Lawrence, 22, was ordered to pay £75 or face going to court after a council litter warden spotted something drop from her car as she left
a McDonald's drive-thru.

And she is furious at the salad dressing down - saying: "Lettuce can't be litter because it is biodegradable."

Emma said: "£75? That's the most expensive McDonald's I've had."

Mother-of-one Emma was followed by a council community safety officer after picking up her takeaway at Newport in Gwent.

He accused her of throwing a receipt out of her car window after she left the drive-thru - and slapped her with a £75 fine.

But Emma said she wasn't even given a receipt by staff - and the "litter" was just a piece of shredded lettuce which dropped from her £1.49 Little Taster chicken wrap."


Getting tough on buisinesses.............

https://www.publicsectorexecutive.com/P ... sive-fines
"Earlier this week, 12 businesses on the same street were slapped with £300 fines because of “aggressive” new waste rules introduced by the council and policed by Kingdom – who carry out litter enforcement for the authority across the borough.

The BBC reported that one second-hand bookshop owner had been fined £300 after Kingdom classed the remnants of her lunch as commercial waste."

*************************************
"Business owners have said that Kingdom staff claim to be council employees to enter their premises and then ask for a record of how items such as tea bags and milk cartons are disposed of as they count as commercial waste."

Be OK if either the police or council could make up their mind who is responsible for policing fly tipping.
NA Thinks Just End 2 End Return + Bivvy - Some day Soon I hope
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cycle tramp
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by cycle tramp »

NATURAL ANKLING wrote: 1 Dec 2021, 6:02pm Hi,
Yes its true.
I will admit that I initially thought No way Josey :!:
But all legal.

My partners work mate got a letter and a £80 fine...................fag end....

I think if there was no video /photo evidence you could appeal, certainly if a council inspector attempts any intimidation you are very unlikely to pay a fine.......
How does the litter inspector identify you? Ask you your name? In which case I'm Slartibartfast and live at Windy Creavis
It's time to go :-)
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NATURAL ANKLING
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by NATURAL ANKLING »

Hi,
I believe they followed them to their car.
NA Thinks Just End 2 End Return + Bivvy - Some day Soon I hope
You'll Still Find Me At The Top Of A Hill
Please forgive the poor Grammar I blame it on my mobile and phat thinkers.
Pebble
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by Pebble »

I wish they would give local authorities the ability to fund raise through errant motorists, they could half rates and get the speeders and mobile phone drivers to pay for local services instead.
cycle tramp
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by cycle tramp »

NATURAL ANKLING wrote: 1 Dec 2021, 11:15pm Hi,
I believe they followed them to their car.

Just another great reason to travel by bike - I guess they could always follow you as you cycled home, but it's going to be a bit obvious and if they followed me, they'll get their car stuck in an alley way that I use
It's time to go :-)
thirdcrank
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by thirdcrank »

NATURAL ANKLING wrote: 1 Dec 2021, 8:13pm Hi,
So, don't drop anything in a open space accessible by the public. ....
That seems to be an effective loophole: they can't touch you for it.

A good mnemonic might be Keep Britain Tidy.
cycle tramp
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by cycle tramp »

thirdcrank wrote: 2 Dec 2021, 1:51pm
NATURAL ANKLING wrote: 1 Dec 2021, 8:13pm Hi,
So, don't drop anything in a open space accessible by the public. ....
That seems to be an effective loophole: they can't touch you for it.

A good mnemonic might be Keep Britain Tidy.
I'm not agreeing with people who consciously litter, but look to know what protection is afforded to those who inadvertently litter have (such as tissues or receipts dropped unknown from a pocket from and blown away, or in my case, some straw from animal bedding falls off my jumper). Enforcement agencies tend to favour softer easier targets.
It's time to go :-)
thirdcrank
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by thirdcrank »

In the absence of something from somebody who knows, here's my contribution, mainly put together from a quick internet search.

Whenever anybody posts seeking advice when they've received a fixed penalty notice (FPN) for anything, I advise that the priority is to read it carefully: in this context it should show what options are available to the recipient. For this reason, if no other, discarding it immediately in anger/ a sign of contempt is not a good idea, even more so if the ticket is for depositing litter.

It's important to recognise the difference between civil penalties eg yellow line parking and criminal offences where an FPN is an opportunity to pay a fixed penalty as the alternative to prosecution. AIUI, FPNs issued under the Environmental Protection Act (EPA) - ie the subject of this thread - are for alleged criminal offences, the relevant offence being subject to a fine of level 4 on the standard scale. (£2,500) on summary conviction. I'll reiterate the importance of reading the info on the ticket because ignoring it will remove the option and the fixed penalty will be registered (discounts for prompt payment lost) and enforced through the fine enforcement system.

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

As this bit of the EPA is enforced by local authorities, their procedures may vary. Central government advice to local authorities includes this:-
FPNs aren’t appropriate for:
  • people who leave their rubbish out for collection at the wrong time
  • someone who drops litter accidentally
  • cases where it’s not in the public interest
  • repeat offenders (they should be prosecuted)
https://www.gov.uk/guidance/litter-and- ... -littering

Re the OP it's worth noting that a recent amendment to the EPA includes this:-
(5A) “Litter” includes—
(a) the discarded ends of cigarettes, cigars and like products, and
(b) discarded chewing-gum and the discarded remains of other products designed for chewing.
https://www.legislation.gov.uk/ukpga/1990/43/section/98
=============================================================
PS Giving a duff name AKA Misrepresentation as to Identity I've no idea how local authority people deal with this and the relevant CPS guidelines seem to imply that only police are stiffed.

https://www.cps.gov.uk/legal-guidance/p ... g-standard
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Cowsham
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by Cowsham »

I wish the authorities were tougher here -- people don't dump litter in the car park of Mc D's they just drive out to a scenic country road where they can't be seen and dump all the packaging there. Totally disgusting low lifes
I am here. Where are you?
thirdcrank
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Re: Council Fine litter Dropping In Supermarket Carpark!

Post by thirdcrank »

Rubbish crackdown sees litter louts in court
Litter louts in Lincolnshire who refused to pay a £150 fine ended up coughing up four times that amount after being called to court.
More than 1,800 people have been hit with fines in North Lincolnshire Council’s crackdown on mess so far.(.. )
Fines are reduced to £100 if paid within 28 days, however more than 130 ignored the fine and were called to Doncaster Magistrates' Court. (...)

Some ended up being slapped with a total demand for £644 after costs and victim surcharge were added on.
https://www.bbc.co.uk/news/england?ns_m ... type=share

(For anybody whose geography is shaky for anywhere past Watford Gap, Doncaster is in South Yorkshire so it's a trek from North Lincs "to get justice."
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