Fixed Penalty Notices (FPN)

Have you been issued an FPN? Please call 01206 282700 to pay it

What is a Fixed Penalty Notice (FPN)?

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

If you are caught by either one of our Community Wardens 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

If a child is caught doing one of the above, the action we take will depend on their age.

• People under the age of 16 cannot be given an FPN
• People between the ages of 16 and 17, where they are caught committing an offence, can be given an FPN if a parent or a guardian is present.

Appeals

There is no process of appeal with a FPN. You can decide not to pay it but then 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 issued by Colchester Borough Council: