Fixed Penalty Notices

Fixed Penalty Notices

Fixed Penalty Notices (FPN’s)


A lot of work goes into keeping Winchester a pleasant, clean and tidy city for residents and visitors alike. An important part of this work is tackling issues such as littering, dog fouling and antisocial behaviour. One of the tools used by Winchester to tackle these issues is FPNs.


FPNs are offered for certain offences as an alternative to prosecution but whether or not you will be offered an FPN will depend on the circumstances of the offence. If you are offered an FPN following the commission of an offence but chose not to accept it, the file will be passed to the legal team to list with the court.


What can FPN’s be issued for?


Below is a list of offences Winchester City Council currently issues FPNs for, together with the set penalties:

Offence

 

Law

Penalty

Littering Environmental Protection Act 1990 Sections 87 and 88 £75
Dog Fouling Fouling of Land Act 1996 £50
Fly Posting Anti social Behaviour Act 2003 Section 43 £75
Cycling on footpaths Highways Act 1835 Section 72 £30
Breach of Community Protection Notice Anti social Behaviour, Crime and Policing Act 2014 Section 43 £100
Breach of Public Spaces Protection Order Anti social Behaviour, Crime and Policing Act 2014 £100


Who can issue an FPN?


Designated officers of Winchester City Council and Police Community Safety Officers (PCSO’s) on behalf of Winchester City Council have the authority to issue FPN’s.


What if there wasn’t a bin or warning sign?


The council is not required to place warning signs regarding litter or dog fouling or to inform that patrols are taking place. However, there are signs up in appropriate areas.
Once bagged, dog waste can be placed in any litter bin, not only the designated dog waste bins.
Where bins are not available, it is up to you to act responsibly and carry your litter to a bin or take it home to dispose of.


Do cigarette butts or chewing gum count as litter?


Yes. These two items tend to be more of a nuisance and more expensive to clean than most other types of litter.
Smokers are responsible for ensuring that they completely extinguish a cigarette before placing it in a litter bin or ash-tray container.


Can I appeal a FPN?


There are no formal grounds of appeal against a FPN. If you do not agree that an offence has been committed the matter will be dealt with through prosecution via the courts. Therefore the formal court route is effectively the appeal process. It should be noted that the financial penalty imposed by the courts can be significantly higher than the FPN. For example, the maximum penalty which can be imposed by the courts for littering is £2,500


Who can be fined?


Anyone aged 18 years and above who is caught dropping litter by an authorised officer.


Link to FPN payments, 


For more information regarding FPN’s please contact the Community Safety and Neighbourhood Services Team on; 01962 840 222 or by email communitysafety@winchester.gov.uk