Littering Fine Appeal — Environmental Protection Act 1990
Littering Fixed Penalty Notices are issued under the Environmental Protection Act 1990 (EPA 1990). They must meet specific procedural requirements — and can be challenged on identification, evidence, and procedural grounds.
The Legal Framework — EPA 1990 s.87
Section 87 of the Environmental Protection Act 1990 makes it an offence to drop, throw, or deposit litter in any public open place. Section 88 gives authorised officers the power to issue a Fixed Penalty Notice (FPN) as an alternative to prosecution. The FPN must meet the requirements of the legislation — including being offered by a properly authorised officer who witnessed the alleged offence.
Identification Challenges
The FPN must correctly identify you. If you were misidentified — for example, the officer noted the wrong description, or you were not the person who dropped the litter — challenge the notice immediately. Request full evidence: the officer's notes, any CCTV footage, and the basis for identification. Councils must disclose this on request.
Procedural Defects
The FPN must contain prescribed information and must be offered at the scene or as soon as reasonably practicable. An FPN sent by post weeks later, without an officer having identified you personally at the scene, is highly unusual and challengeable. Check: was the officer properly authorised by the local authority? Was the FPN signed? Are all the required details present and correct?
What Happens If You Don't Pay?
If you do not pay the FPN, the council may prosecute you in the magistrates' court under s.87. The maximum fine on summary conviction is currently £2,500. At court, the council must prove the offence beyond reasonable doubt — including who committed it. This is often harder than it appears, particularly if the identification evidence is weak.
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Check My Littering Fine →Frequently Asked Questions
Can I appeal a littering Fixed Penalty Notice?
There is no formal statutory appeals process for littering FPNs as there is for parking PCNs. However, you can write to the issuing authority challenging the notice on grounds including: incorrect identification, procedural errors in how the FPN was issued, insufficient evidence, or that the item was not litter (e.g. an item fell accidentally). If unsatisfied, the only route is to refuse to pay and defend any prosecution in the magistrates' court.
Does the officer have to witness the littering themselves?
To issue a Fixed Penalty Notice under EPA 1990 s.88, an authorised officer must have reason to believe an offence under s.87 has been committed. They should have witnessed the act. FPNs issued based on CCTV footage alone, or on third-party reports without a witnessing officer, may be challengeable — request full evidence disclosure including who witnessed the alleged offence and when.
What is the correct procedure for issuing a littering FPN?
Under EPA 1990 s.88, the authorised officer must offer the FPN at the time of the alleged offence or as soon as reasonably practicable. The notice must state the amount, the payment period (typically 14 days for reduced rate, 28 days full), and must be signed by the officer. Errors in the notice — wrong amount, missing information, unsigned — can make it invalid.