[Misc] On the spot fine

[Murray 17]

Surely, if there's no evidence, as the cigarette has gone, and no CCTV, it's your word against the warden's? They are only civilians in effect. I can't see how you could lose an appeal, if you deny the offence ever happened.

 

[bha100]

Surely, if there's no evidence, as the cigarette has gone, and no CCTV, it's your word against the warden's? They are only civilians in effect. I can't see how you could lose an appeal, if you deny the offence ever happened.

Environmental Protection Act 1990, Section 88,

Fixed penalty notices for leaving litter
(1)Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

Essentially if the alleged offence has not been caught on cam etc etc, it will be your word against theirs, and that would not be enough to prove beyond reasonable doubt in court, so you would win

 

[blue'n'white]

Hope you got a receipt otherwise the £75 probably just went straight into the pocket of the person who fined you.

 

[Westdene Seagull]

Hope you got a receipt otherwise the £75 probably just went straight into the pocket of the person who fined you.

In the UK 'on the spot' fine doesn't mean you pay there and then ..... in fact it's not allowed .... they hand you a notice and you have x days to pay it. Now in France it's entirely different.

 

[vegster]

Bit harsh on the smoker one could say but, is a butt litter ? yes of course it is. Plenty of lazy ******** who throw their butts out of car windows too despite having an ashtray in the car. If you drop a butt then expect to get caught at some point and take it on the chin.

 

[BLOCK F]

They have a round up of court cases in the Chichester Observer and there are often examples of people being fined for dropping fag butts who end up paying in excess of £400! Fine, costs and 'victim surcharge', whatever that is.
This was more than someone paid for assaulting a copper, that week.
Bonkers!

 

[Saunders]

The firm is not paid but takes two-thirds of the fines they issue.

After their first six months of operation The Argus revealed the firm had issued 480 fines to smokers but only five for littering.

Quelle surprise.

Edit. Doesn't two-thirds written look less than a written 66.66%.....

Its easier to catch a smoker though. I work in the centre and you see them following someone smoking knowing there is going to be a good chance they will just throw it down somewhere whereas other litter isnt so easy to predict. You only have to walk up west street and count the stubs on the floor to see how easy it is for them to make money. I have no sympathy for anyone getting caught it would be much worse if they didnt do this.

 

[Mr deez]

Does seem excessive BUT I hate littering and not a big fan of smokers who somehow think fag butts don't count.

 

[Icy Gull]

A small issue compared to the madness of puffing away at cancer sticks. I recently lost another relative, in his mid 50’s, to smoking related cancer.

As a smoker you know the risk, even if you ignore them. What I find so unjust is people who develop lung cancer who have never smoked. I know of two who have passed on and one who is hanging on. As a mostly life long smoker, who has given up on numerous occasions for years at a time and currently not smoking I almost feel guilty that my non smoking friends had/have lung cancer. Apologies I have gone way off topic but your post brought it all back.

 

[Weststander]

As a smoker you know the risk, even if you ignore them. What I find so unjust is people who develop lung cancer who have never smoked. I know of two who have passed on and one who is hanging on. As a mostly life long smoker, who has given up on numerous occasions for years at a time and currently not smoking I almost feel guilty that my non smoking friends had/have lung cancer. Apologies I have gone way off topic but your post brought it all back.

I lost two much loved cousins in their mid-50’s, both lifelong smokers, to smoking related cancer. Leaving behind partners and kids. Such a waste.

 

[Baldseagull]

That is incorrect, the law is clear under the environmental Protection Act 1990, section 87, offence of leaving litter.

(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it

And the guidance says you should warn them of a fine if they don't go back and pick it up, not fine them as soon as they take a step away, but the law allows that.

 

[bha100]

And the guidance says you should warn them of a fine if they don't go back and pick it up, not fine them as soon as they take a step away, but the law allows that.

Can you show me what section of the environmental Protection Act 1990 states that if you take a step away you can be issued a fpn?

 

[Baldseagull]

Can you show me what section of the environmental Protection Act 1990 states that if you take a step away you can be issued a fpn?

It's in your quote.

 

[Tokyohands]

Many smokers over here carry these pocket ashtray things.

 

[Notters]

The irony is that the smoke from the cigarette is far more polluting that the butt (see also car exhausts) but you don't get fined for dumping that into the air.

 

[Westdene Seagull]

The OP is clearly not the only one who clogs up our drains with butts ..... https://www.theargus.co.uk/news/17456558.brighton-man-fuming-over-fine-for-throwing-cigarette-butt/