Seeking some advice - FPN Littering/Fly tipping

[Wylderose]

I would appreciate some advice please.

Today I received a FPN which states "the circumstances alleged to constitute the offence is “littering of cardboard box” in an alleyway rear of .............. This came with an accompanying letter which states "this is being issued to you as 'waste was littered in the alleyway' rear of .............. on or before 7th May 2026. Evidence has been seized relating to this offence that has originating from your property --- address.”

There is a photograph of something plastic/seat perhaps, a piece of chipboard (white), a black waste bin, what appears to be a small picture on a mount and possibly another picture behind it. No Cardboard Box!!

The statements used in the FPN and the letter do not describe a littering offence, but appear to reflect the evidential approach used in fly tipping investigations.

I believe that in order to establish a littering offence, the Council must demonstrate that I personally “threw down, dropped, deposited or otherwise left” the item and that I left it in a place open to the air. This requires evidence of an individual act of deposit, not merely the presence of waste in an alleyway, nor the discovery of waste “originating from” a particular property. I am therefore doubtful that the council has satisfied the statutory elements of a s.87 offence. Because the language used in the correspondence aligns with the evidential approach for fly-tipping, I believe that the FPN has been issued using the wrong legal basis which would make it invalid.

I have requested proof of the basis of what the council is relying upon when accusing me of Littering/Fly-Tipping (So far being stonewalled) as I cannot appeal this FPN even though I did not commit the offence they refer to.

If this is not quashed:
- Must I take this to a formal complaint before filing a complaint with the LGO?
- How can I defend this in court because I will NOT pay for something I haven't done?
- Can I SAR the evidence?

Thank you

[wales01man]

How did they find out it was you comitted the alleged offence did anything found have your name/address on it

[Wylderose]

I don't know - they won't tell me and they won't provide the photograph of whatever it is that supposedly identified me as the perpetrator either.

We have an issue in this area with Porch Pirates - but I have not had any parcels stolen. I don't sell on ebay, vinted etc so have not posted anything out to anyone. I dispose of my cardboard boxes by squashing them flat and taking them to the local tip. My main rubbish goes out every two weeks in sealed bags in my bin and my recycled waste only goes out once in about 2-3 months (never with cardboard boxes in it), so I really don't know.

If I had done this, I would not be posting seeking advice, I would just pay the bill. I will defend this in court though

[Wylderose]

So far, I have written to the environmental crime department requesting proof of what evidence they hold that appears to link me to this. Fell on deaf ears but they have now comeback to say that it is under review and that they intend to Interview Under Caution.

I have sent a SAR and a strongly worded email advising that their legal basis is flawed and that the FPN for Littering does not match the accompanying letter which implies Fly Tipping with a further request for the information.

I have also gathered my internet history which will back my claim of not having visited the site and requested my apple map data

[PallasAthena]

You haven't given us redacted copies of the FPN or other documents nor told us which local council is involved so I can only make some general comments from past experience.

I have come across similar cases where 'litter enforcement officers' hand out FPNs in total disregard of the law and the guidance they are given based on nothing more than that they found something with your name and address on it in fly-tipped rubbish and so decide you have committed the offence. Council guidelines normally make clear that they shouldn't do this, an FPN should be issued only if they have some evidence that you actually deposited it, usually that they saw you do it or there is CCTV or witness evidence, but this is frequently ignored.

From what you said in Post #1 I suspect that is what is happening here. The FPN implies that all they need to prove is that the waste "...has originat[ed] from your property." But if the allegation is that an offence has been committed under s33 Environmental Protection Act 1990 that is nonsense. As you have said the Act doesn't make you guilty of anything solely because waste originated from your property.

The s33 offence is: "...a person shall not ...deposit controlled waste , or knowingly cause or knowingly permit controlled waste ... to be deposited in or on any land..."

As you have rightly pointed out waste that originated on your property can end up elsewhere without you have been responsible for 'depositing' it or having any involvement with how it got there. Note the word "knowingly".

Unfortunately many councils outsource these litter FPNs to the same sort of companies who run private parking and they work in much the same unethical way. Hand out lots of FPNs knowing that most people who get one will pay it rather than go through the hassle of challenging it in court and the risks that poses.

There is no formal process in the Act for appealing against an FPN but most councils allow informal 'representations' after which they may decide to cancel the FPN. It sounds as if this is where your council may be at although interviews under caution are unusual. Maybe they are considering whether you arranged for an unlicensed waste removal company to take away rubbish from your property (also an offence)?

If the council refuse to cancel the FPN the only options you have are either to pay it or to refuse to pay it and the council will then start a prosecution against you in the Magistrates court, presumably for an offence under the Environmental Protection Act 1990. You will then be able to put your defence to the court.

One reason most people don't go that far, apart from the time and hassle, is that agreeing to the FPN does not give you a criminal record but if you go to Magistrates court and you lose and get convicted it does give you a criminal record.

I wouldn't get too bogged down arguing about whether it is flytipping or littering. The Environmental Protection Act 1990 does not have a specific offence of flytipping, the word doesn't even appear in the Act. It deals with waste under s33 and litter under s87. Council policies often do distinguish between 'flytipping' and 'littering' but you need to look at your own council's policy to see what they say. Ones I've read mainly just say the difference is one of scale, how much waste has been dumped, and where, and that if it meets council's definition of 'flytipping' the FPN is for a larger amount.

[Wylderose]

Thank you for your response.

The FPN states:

I [name], an authorised officer of Stoke on Trent Council have reason to believe that ....../....... [crossed out] (time) on 07/05/26, you committed the offence marked overleaf.

This notice offers you the opportunity to discharge any liability to conviction for the offence by payment in full within 7 days of the date of the notice - [no option for reduction] If you pay the penalty of £200 within 14 days no further proceedings will be taken.

The circumstances alleged to constitute the offence are as follows: "Littering of cardboard box" at location .[address]...
Description of offender - not documented - No request for identification - No right to appeal

My understanding of the law is that Cardboard boxes fall under Fly tipping and not Litter

The accompanying letter states that the Fixed penalty has been issued under Section 87/88 of the EPA 1990. This is being issued o you as "waste was littered in the alleyway rear of ....[address]... on or before 07/05/26. Evidence has been seized relating to this offence that has originated from your property..

So far have established that there is another person resident in the same postcode area who has the same Initial and Surname as mine - may be a case of mistaken identity or laxity on the part of the council in their investigations.

I have my full browser search history - from March to date which will prove that I could not possibly have been at the location. I am pulling my iPhone map history which will also prove that I was not at the location.

From what I can tell the language in the letter is at total odds with the FPN. The FPN is for Littering - the language used in the letter implies Fly tipping which is an offence under S33 of EPA 1990.

There is no evidence in the photograph that shows a "Cardboard Box" and the council have refused to entertain a request for proof of what has been used to make this allegation, so I have sent a SAR. I will have that evidence one way or another. Environmental crime have come back with the response that the case has been passed to an investigating officer and that an IUC will be arranged in due course.

I will then have no choice but to seek legal advice and counsel to attend the IUC with me. I will fight this in court because I categorically will not be blamed or held accountable for something that I have not done.

[islandgirl]

May I suggest contacting your local councillor? That is what we are here for. They can speak to the council on your behalf and maybe get this resolved for you (if they are a good councillor and actually do casework!)