Fixed Penalty Notices for littering and dog fouling

Anyone caught dropping litter, including cigarette butts, chewing gum, or not picking up after their dog in the district will face a fine under a litter enforcement scheme being trialed from November 2017. This is in response to local residents and businesses stating that street cleanliness is important within the Chichester District.

How much are the fines?

The fines are as follows:

  • Litter - £75.00 (reduced to £60.00 if paid within 14 days)
  • Failing to clean up and pick up after your dog - £100.00 (reduced to £75.00 if paid within 14 days)

The scheme is run by enforcement company EH Commercial Services Ltd, which has been running a similar trial for East Hampshire , Havant and Arun District Councils .

Zero tolerance policy

The scheme operates on a zero tolerance policy. There is no formal right to appeal against a fixed penalty notice (FPN). If you do not agree that you committed the offence, you can decide not to pay the FPN, and the matter will then be decided by a court. It will then be up to the court, on receiving the evidence, to determine whether or not an offence was committed and therefore whether or not any penalty should be imposed. The maximum penalty on conviction is:

  • £2500 for litter, or
  • £1000 for dog fouling

As this is expensive and time consuming for both parties, we have introduced an internal appeals process to help resolve disputes before they get to court. Such challenges can be made within 14 days of the issue of the FPN.

Cases where a challenge may be considered favourably include, but are not limited to instances where you can demonstrate that;

  • No offence was committed, or the fixed penalty notice has been wrongly issued, for example where a dog control order didn't apply or the person had exception under the law
  • The offence was committed by someone else
  • The offence wasn't the fault of the person against whom the notice was served, and there was nothing they could do to prevent the offence
  • We shouldn't have served the notice because the offender is under 18, or is physically or mentally incapacitated or has some other incapacity that prevent them from understanding that they committed an offence
  • There are significant extenuating circumstances that temporarily affected the ability of the person to comply with the law
  • Serving the notice is not considered to be in the public interest - but don't forget, we have a duty to enforce the law - and fixed penalty notices are designed to be a quick and easy way to deal with minor offences

There are a range of reasons where an appeal will not be considered and these include;

  • Ignorance of the law - the test would be whether a reasonable person would be aware that an offence had been committed - most people know that dropping litter and allowing their dogs to foul is wrong!
  • You didn't know an offence had been committed - the test would be whether a reasonable person would have known what had happened - for example, this includes knowing where your dog is and what it is doing so that you can clear up any mess it leaves
  • You couldn't prevent the offence - the test would be whether a reasonable person could have taken steps to prevent the offence occurring - for example by keeping your dog under control so that it doesn't enter a banned area
  • It's not in the public interest to pursue the offence - although these are minor offences, the levels of litter, dog mess etc are something that concern local residents, and Chichester District Council needs to respond to these concerns by making sure the law is enforced. The authority also spends a lot of money cleaning the streets, and anything we can do to stop litter, dog mess etc helps us to do this more effectively.

 

How do we deal with informal appeals?

Only appeals made in writing can be considered. Please quote the reference number that is pre-fixed 'AA' on the FPN.

Appeals can be made by:

Or writing to:

  • FPN Representations FAO Lauren Walker
    EH Commercial Services Ltd
    Penns Place
    Petersfield
    GU31 4EX
     

This scheme is run by East Hampshire District Council and, therefore, any contact / complaints / appeals must be made in writing to them and not Chichester District Council. We are unable to deal with enquiries at Chichester District Council Offices. All representations must be made in writing, representations cannot be made in person or by telephone.

Every appeal will;

  • Be considered on its merits, on the basis of the information and evidence provided by the person who received the FPN and the enforcement officer who issued the FPN.
  • Receive a full written response, normally within 10 working days. Where a more detailed investigation is required, appeals will be acknowledged in writing with an indication on when you can expect a full response.

Where appeals are not upheld, the reasons for this will be explained, a further 14 day period given for payment will be given and details of the councils complaint procedure will be provided.

The funding of the scheme comes directly from fines, rather than from the council's budget. The council liaise with EH Commercial Services Ltd to target problem-areas within the Chichester district.

The aim of the scheme is to:

  • Reduce litter
  • Encourage people to clean up after their dogs
  • Raise awareness that dropping litter or failing to clean up after their dogs may result in a fine

 

Paying a fine

To pay a fine please telephone on the number provided.

Name:
Customer Service Centre
Address:
Customer Service Centre
Chichester District Council
East Pallant House
Chichester
West Sussex
PO19 1TY
United Kingdom
Telephone:
+44 01243 534734

 

Reporting littering and dog fouling hotspots

If you know of a litter or dog fouling hotspot which would benefit from a visit from our officers:

  1. let us know using our contact form
  2. select 'waste and recycling' department on the form
  3. submit the details

Alternatively you can contact the waste and recycling department:

Name:
Waste and recycling
Address:
Chichester Contract Services
Westhampnett
Chichester
West Sussex
PO18 0NS
United Kingdom
Telephone:
01243 534619