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FAQ Fixed Penalty Notices

Frequently Asked Questions

Q. What is a Fixed Penalty Notice?

A. A Fixed Penalty Notice is a mandatory penalty issued to an offender as an alternative to prosecution.

Q. For what offence can a Fixed Penalty Notice be issued?

Description of offence	Act	Amount of Penalty if paid within 10 days	Full amount of penalty	Maximum penalty on conviction
Depositing litter	Section 87/88 – Environmental Protection Act 1990	£50	£75	£2,500
Defacement by Graffiti or Flyposting	Section 43 Anti-Social Behaviour Act 2003	£50	£75	£2,500
Failure to comply with a street litter control notice	Section 94/94A – Environmental Protection Act 1990	£60	£100	£2,500
Failure to comply with a street litter clearing notice	Section 92C/94A – Environmental Protection Act 1990	£60	£100	£2,500
Abandoning a vehicle	Refuse Disposal (Amenity) Act 1978	£120	£200	£2,500
Failure to furnish documentation (waste carriers licence)	Section 34A – Environmental Protection Act 1990	£180	£300	£5,000
Failure to produce authority (waste carriers licence)	Section 5A/5B – Control of Pollution (Amended) Act 1989	£180	£300	£5,000
Unauthorised distribution of free printed matter	Schedule 3A, paras. 1 (1) and 7 – Environmental Protection Act 1990	£50	£75	£2,500
Failure to comply with a waste receptacles and putting out notice	Section 46/47/47ZA/47ZB – Environmental Protection Act 1990	£60	£100	£1,000
Failure to comply with a Dog Control Order	Clean Neighbourhoods and Environmental Act 2005	£50	£75	£1,000
Nuisance parking	Section 6(1) Clean Neighbourhoods and Environmental Act 2005	£60	£100	£1,000

Q. Why have I received a Fixed Penalty Notice?

A. You may have received a Fixed Penalty Notice for the following reasons:

Allowing a dog in your charge to foul and failing to clear up the faeces
Placing your household refuse on to the Highway in excess of 48hrs prior to collection
Household waste deposited and evidence found within the waste
Dropping litter on the ground (eg. paper, matches, cigarette butts, chewing gum, sweet wrappers or any other item deposited on the ground)
Placing a container or building material on the highway without authorisation
Abandoning a supermarket trolley
Abandoning a vehicle.

Q. What happens if I ignore the Fixed Penalty Notice?

A. You are required to respond to the Notice within 14 days of the date of the Notice or legal proceedings will commence for the alleged offence.

Q. How to pay?

A. Please note: if you pay the fixed penalty notice within 10 days from the date of the offence the fine is reduced to £50 thereafter the fine is £75. Failure to pay the fixed penalty notice within 14 days will result in a court hearing.

If you or anyone else choose to pay the amount specified you must do so within 14 days of the date of issue, shown in part 1. If you choose to pay, no further action will be taken against you and you will have “discharged your liability to prosecution”. You will not have any record of a criminal conviction made against you.

If you choose to pay the penalty specified you may do so by either:-1. Telephoning 01992 785530 and quoting your credit/debit card details.2. Sending a cheque or postal order for the full and exact amount specified along with part 2 to: Cashiers Section, Broxbourne Borough Council, Bishops’ College, Churchgate, Cheshunt, Herts EN8 9XG.

Cheques, postal orders should be made payable to: Borough of Broxbourne.

Payment may be made in person at Broxbourne Council Offices, Bishops’ College, Churchgate, Cheshunt or at the Borough of Broxbourne’s one stop shops at unit 42, Tower Centre, Hoddesdon, Wolsey Hall, Windmill Lane, Cheshunt;123 High Street, Waltham Cross during normal business hours Monday to Friday (excluding bank holidays) and 9am to 1pm on Saturdays.

Q. Can I pay by Instalments?

A. No, there is no facility for this. Full payment must be received.

Warning: Late or part payment will not be accepted.

You will not be sent a reminder.

Q. If I do not pay what will happen?

A. If the penalty notice is not paid then the case will be referred to our legal department for prosecution. Legal proceedings will then commence against you in Hertford Magistrates Court where you can be fined up to £2,500.

Q. Can I have a copy of the photographic evidence before I decide whether to accept the conditional offer of a Fixed Penalty?

A. No. These are prosecutable offences and the photographs will provide evidence in the event that court proceedings ensue. At this stage a Conditional Offer of a Fixed Penalty may be available as an alternative to prosecution, and the provision of such evidence is not a requirement. Rules of Disclosure only apply after a case has proceeded to the issue of a summons and a Court hearing has been listed.