Fixed Penalty Notices (FPN)

An FPN is a fine issued to someone who has committed an environmental offence. The FPN offers an opportunity to waive prosecution in court by paying a much smaller penalty fee.

If you are caught by a council officer, or a resident who can provide sufficient evidence of you doing one of the following then we are required by law to issue you with a Fixed Penalty Notice (FPN): 

• Dog fouling
• Littering (including throwing litter out of vehicles)
• Taking trade waste (rubbish that you have accumulated from your business) to a tip for residents.
• Fly tipping
• Distributing or leaving leaflets somewhere without consent
• Abandoning your vehicle somewhere
• Repairing vehicles on a road
• Smoking in a smoke-free place
• Graffiti

You may also be issued a FPN for committing an offence under a Public Space Protection Order.

Appeals

Legally, there is no process of appeal with an FPN. You can decide not to pay it but then the case will be brought before a Magistrate's Court for prosecution.

In a case of littering or dog fouling, not having a litter or dog waste bin nearby is not a reasonable defence against the offence.

All the offences mentioned 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.

Fixed Penalty Notices issued by Colchester City Council (or their representatives):