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Fixed penalty notice
The Environmental Enforcement Team has the power to protect
Medway’s open spaces and urban areas by issuing fixed penalty
notices to offenders.
The table below shows both the offences and the penalties:
|
Offence
|
Act of Parliament
|
Amount of penalty if paid within 10 days
(£)
|
Full amount of penalty (£)
|
Maximum penalty on conviction
(£)
|
|
Depositing litter
|
Sections 87 and 88 of the Environmental Protection Act
1990.
|
60
|
80
|
2,500
|
|
Failure to comply with a street litter control notice
|
Sections 94 and 94A of the Environmental Protection Act
1990.
|
75
|
110
|
2,500
|
|
Failure to comply with a litter clearing notice
|
Sections 92C and 94A of the Environmental Protection
Act 1990.
|
90
|
110
|
2,500
|
|
Failure to produce waste documents
|
Sections 34(5) (and regulations made under it), 34(6) and 34A of
the Environmental Protection Act 1990.
|
180
|
300
|
5,000 or an unlimited fine
|
|
Failure to produce authority to transport waste
|
Sections 5 and 5B of the Control of Pollution (Amendment)
Act 1989.
|
180
|
300
|
5,000
|
|
Unauthorised distribution of free printed matter
|
Schedule 3A, paragraphs 1(1) and 7 of the Environmental
Protection Act 1990.
|
60
|
80
|
2,500
|
|
Fly-posting
|
Sections 43 and 44 of the Anti-Social
Behaviour Act 2003
|
60
|
80
|
2,500
|
|
Abandonment of a vehicle
|
Sections 2 and 2A of the Refuse Disposal (Amenity) Act
1978
|
150
|
200
|
2,500 and/or imprisonment
|
|
Repairing vehicles on a road
|
Sections 4, 5 and 6 of the Clean Neighbourhoods
and Environment Act 2005
|
80
|
100
|
2,500
|
|
Graffiti
|
Sections 43 and 44 of the Anti-Social
Behaviour Act 2003
|
60
|
80
|
5,000 and/or imprisonment
|
|
Failure to comply with a waste receptacles notice
|
Sections 46, 47, 47ZA and 47ZB of the Environmental
Protection Act 1990
|
75
|
110
|
1,000
|
|
Failure to comply with a dog control order
|
The Fouling of Land by Dogs (Medway Council Area) Order
2009
|
60
|
80
|
1,000
|
More information is available on this website about the
council's wider role in the enforcement
of legislation.
Payment
There is no provision for payment by instalments. However, if
you are having trouble paying, the council is able to extend the
14-day payment period to 28 days.
Wrong address
If a fixed penalty notice has been served at your address, but
the person named does not live there, please contact Customer First..
Appeals
Unfortunately, the law makes no allowance for appeals in these
cases.
Leaving litter is an offence contrary to section 87 of the
Environmental Protection Act 1990 (EPA).
A person found guilty of the offence at a magistrate’s court is
liable to a fine of not exceeding level 4 on the standard scale.
This is currently set at £2,500.
However, it is recognised that most litter offences do not
warrant such attention. Therefore the EPA makes provision for the
alleged offender to discharge any liability to prosecution by way
of a fixed penalty notice.
This means that by paying the penalty, you will never be
prosecuted for this particular offence. Please note that payment of
the penalty is not an admission of guilt and does not result in
conviction or a criminal record.
It is your right to take advantage of this opportunity. As
explained above, the law makes no provision for appeal. Therefore
if you wish to plead your innocence or make known any mitigating
circumstances, it will be necessary for the case to be heard at a
magistrate’s court.
To sum up, because there has been no conviction at this point,
there can be no appeal.
If you wish to have your case heard in court, you need to take
no further action. A summons will be issued upon you on notice of
non-payment of the fixed penalty notice.
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