Fixed Penalty Notice - Environmental Crime
We are committed to dealing with environmental crime by the use of Fixed Penalty Notices (FPNs).
Examples of offences where a FPN may be issued include:
- Dog fouling (issued to dog owners or those in charge of dogs)
- Littering (including from moving vehicles)
- Trade waste
- Fly tipping
- Abandoned vehicles
- Repairing vehicles on a road
- Smoking in a smoke-free place
A FPN is issued by our authorised officers as an alternative to a prosecution in court. The FPN offers an opportunity to waive the criminal offence by paying a penalty fee.
Where a child drops litter or doesn't clear up after a dog, the action taken by us will depend on their age:
- People under the age of 16 cannot be served with a FPN.
- People between the ages of 16 and 17, where an offence is witnessed, can only be served a FPN in the presence of a parent or guardian.
There is no process of appeal with a FPN. The offender can decide not to pay it but the case will be brought before a Magistrate's Court for prosecution.
All the offences mentioned above will carry a criminal conviction and a fine that could be significantly greater than the FPN. If found guilty by a court, this fine will not exceed Level 4 on the Standard Scale which is currently set at £2,500.00.
In the case of littering/dog fouling, the absence of a litter/dog waste bin is not a reasonable defence against the offence.
Fixed penalty notices (FPN's) issued by Colchester Borough Council
|Fines Imposed by|
Court for Fly Tipping
|Total in fines (approx)|
handed out by Court
|01 April 2014 - 31 March 2015||42||16||0||£6,755.00|
|01 April 2015 - 31 March 2016||39||14||£2,985.00|
|01 April 2016 - Present||29||2||0||£2,275.00|