Fixed penalty notices
A fixed penalty notice (FPN) is a penalty payment for committing an environmental crime; this can be littering, fly-tipping or failing to comply with a request to supply documents. These offences and FPN amounts are listed below. You can also read our frequently asked questions about fly-tipping. Our authorised officers (from District Enforcement or Newark and Sherwood District Council) are issuing fixed penalty notices to individuals and businesses caught committing environmental crimes either at the time or subsequent following receipt of information or following an investigation outcome. Once the FPN is paid, this stops the penalty from progressing to a registered fine or conviction in the magistrates’ courts.
Our officers are able to use body-worn cameras, which will only be switched on when approaching people to issue fines and record conversations.
Environmental crimes that can receive an FPN and amounts
Littering
Dropping litter anywhere is an offence. Litter is everything from food packaging to cigarette butts and chewing gum. It can also include feeding birds.
Public Space Protection Orders
Details of the Public Space Protection Orders (PSPOs) in operation within the district can be found on our website.
Dog fouling and dog control
Public Space Protection Orders are in operation, requiring dog fouling to be removed from any public open space, requiring dogs on leads in certain important sporting, wildlife or cultural locations and banning dogs from enclosed children’s play areas.
Anti-social behaviour
Public Space Protection Orders are in operation in a number of locations across the district, to control the drinking of alcohol, requiring the dispersal of gatherings and prohibiting the use of BBQs and disposable fires.
Fly-posting
It is an offence to display advertising material on buildings and street furniture without the consent of the owner. We will remove any fly-posting on the highway and issue an FPN for offences or prosecute in serious cases.
Fly-tipping
Fly-tipping is the illegal dumping of waste. It can vary in scale significantly, from a bin bag of rubbish, to larger bulky waste items being dumped, such as mattresses or white goods. You may be prosecuted for fly-tipping but an FPN may be offered in certain circumstances.
Domestic duty of care
Where fly-tipped waste or waste in the hands of a non-registered waste holder is traced back to an individual who is found to have failed to take reasonable steps to ensure that they transferred the waste to an authorised person, an FPN can be offered in place of a prosecution.
Commercial waste duty of care
Businesses have a duty of care to ensure their waste is removed by a licensed waste carrier. If we suspect a business is not dealing with its waste responsibly, we can issue a notice requiring the production of waste transfer documents. Failure to produce the documents results in the issue of a fine.
| Code | Description of offence | Act of Parliament | Full amount of penalty | Maximum on conviction |
|---|---|---|---|---|
| WA | Depositing litter |
Environmental Protection Act 1990 Section 87 (1) and 88 (1) |
£150 (£75 if paid within 14 days) |
£1,000 |
| WB | Littering from vehicles | The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 |
£150 £75 if paid within 14 days) |
£1,000 |
| WC | Graffiti and/or fly-posting |
Anti-Social Behaviour Act 2003 Section 43 |
£150 (£75 if paid within 14 days) |
£500 or imprisonment |
| WD | Unauthorised distribution of free printed matter |
Environmental Protection Act 1990 Schedule 3A |
£75 | £2,500 |
| WE | Abandoning a vehicle |
Refuse Disposal (Amenity) Act 1978 Section 21 (1) |
£200 (£120 if paid within 14 days) |
£1,000 |
| WF | Fly-tipping | The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 | £400 (£200 if paid within 10 days) | £50,000 or imprisonment |
| WG | Failure to produce waste documents |
Environmental Protection Act 1990 Section 34(6) and 34A(1) |
£300 (£150 if paid within 14 days) |
£5,000 |
| WH | Failure to produce authority to transport waste |
Control of Pollution Amendment Act 1989 Section 5(2)(a) para.1(1) and 7(2) |
£300 | £5,000 |
| WI | Waste receptacle offences |
Environmental Protection Act 1990 Section 47(6) and 47ZA(2) |
£80 (£40 if paid within 14 days) |
£1,000 |
| WJ | Community Protection Notice |
Anti-Social Behaviour, Crime and Policing Act 2014 Section 48 |
£100 (£75 if paid within 14 days) |
£20,000 |
| P1 | PSPO, dog fouling |
Anti-Social Behaviour, Crime and Policing Act 2014 Section 67 and 68 |
£100 (£75 if paid within 14 days) |
£1,000 |
| P2 | PSPO, dogs on leads |
Anti-Social Behaviour, Crime and Policing Act 2014 Section 67 and 68 |
£100 (£75 if paid within 14 days) |
£1,000 |
| P3 | PSPO, dog exclusion |
Anti-Social Behaviour, Crime and Policing Act 2014 Section 67 and 68 |
£100 (£75 if paid within 14 days) |
£1,000 |
| P4 | PSPO, alcohol control |
Anti-Social Behaviour, Crime and Policing Act 2014 Section 67 and 68 |
£100 (£75 if paid in 14 days) |
£1,000 |
| V1 | Vehicle repairs on the road |
Clean Neighbourhoods and Environment Act 2005 Section 4 and 6 |
£100 |
£2,500 |
| V2 | Exposing vehicles for sale on the road |
Clean Neighbourhoods and Environment Act 2005 Section 3 and 6 |
£100 |
£2,500 |
How to pay a fine
FPN issued by District Enforcement Officer
If you have been issued an FPN by an Environmental Crime Officer employed by District Enforcement, and wish to discharge your liability from prosecution by making payment please use the following methods. You will need to make payment using the FPN number which can be found at the top of the issues notice.
Alternatively you can call District's automated 24-hour payment line on 0203 131 3801 or take your ticket displaying the barcode to any Pay Zone or Post Office, where you will be able to pay with cash.
Alternatively, you can write to:
District Enforcement Ltd
PO BOX 10418
Ashby de la Zouch
LE65 9EJ
Or, as a last resort, you can submit a representation via email to NSD.Council@district-enforcement.co.uk.
FPN issued by Newark and Sherwood District Council
You can directly make payment as follows:
Payment by credit or debit card
You can pay over the phone using a debit or credit card. Please call us on 01636 650000. Please make sure that you have ready:
- your debit or credit card
- your account reference number
- the amount you wish to pay
- a pen to record the transaction number
Payment by cheque
This method of payment is only available in exceptional circumstances, please contact us to discuss.
Appealing an FPN
There are no formal grounds of appeal against an FPN. It is an invitation for you to discharge your liability to prosecution. In essence, this means that whilst this is not an admission of your guilt and by paying the sum of money specified, no further action will be taken by, or on behalf of the Council.
If you have any mitigating circumstances regarding the FPN you received, please contact us.
Failing to pay an FPN
If you do not pay the FPN within 14 days from the date of issue, we will send you a final warning letter to remind you that the payment is overdue. The final warning letter gives you a further 7 days to pay the FPN. If you still do not pay within 7 days after the date of the final warning letter, the case will be referred for prosecution at a magistrate’s court.
The Council will prosecute unpaid FPNs
Please be aware that we are taking a 'no nonsense' approach to environmental crime and will prosecute defendants who do not pay their FPNs.
The legal powers that enable Newark and Sherwood District Council to issue FPNs
The Council has powers from a number of areas including:
- Clean Neighbourhoods and Environment Act (2005)
- Environmental Protection Act (1990)
- Anti-Social Behaviour, Crime and Policing Act (2014)
- Environment Act (1995)
- Code of practice on litter and refuse
- Part 1a Enforcement Guidance
How the money from FPNs will be used
The costs of educating, undertaking waste clearance and investigations into offences exceeds any income we receive from FPNs. Any income from FPNs will go to support this ongoing service delivery to maintain a clean environment and tackle criminals and their behaviour and polluters of the environment.