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Littering From Vehicles

Littering From Vehicles

Littering From Vehicles Outside London (Keepers; Civil Penalties) Regulations 2018

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One in seven drivers admits chucking rubbish out of their car. The result is roadsides covered with everything from coffee cups to cigarette ends, dirty nappies to old newspapers. According to the environment charity Keep Britain Tidy, it costs the taxpayer more than £850million a year to clear up roadside rubbish. 

To help combat roadside litter new regulations were introduced in April 2018. These regulations mean local councils may issue a penalty notice to the registered owner of a car if it can be proved litter had been dumped from their vehicle even if someone else discarded the rubbish.

Dover District Council has adopted these powers and is now issuing penalty notices for this type of littering offences. Owners of cars witnessed to have had litter thrown from them will be served with a £75 penalty notice payable within 28 days. Should no payment be received then the penalty amount doubles to £150.

If no payment is received during the payment period then Council may register the debt at County Court and a Warrant issued for Bailiffs to recovery the debt.

Littering remains a criminal offence under the Environmental Protection 1990 and our Environmental Enforcement Officers continues to enforce this legislation across the Dover District. Under the Environmental Protection Act 1990 the Council needs to prove who the person responsible for depositing litter from a vehicle was. These new regulations remove this requirement and the registered keeper of a vehicle is liable for a civil penalty.

For more information on litter please visit  https://www.dover.gov.uk/Environment/Environmental-Crime/Litter.aspx

What to do

If you are the keeper of a vehicle and have been sent a penalty notice under the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, the notice will explain how to make a payment or make a representation.

How to pay

Payment can be made:

Please make sure you have your penalty reference number (which begins OV and is followed by 8 numbers) and your vehicle registration number with you when making payment.

How to make a Representation

In order for a representation to be considered it must be made in writing and received by the Council within a period of 28 days from the penalty notices issue date. Representations received after this date may be disregarded.

The grounds under which a representation can be made include:

  1. That the person was not the keeper of the vehicle at the time of the offence
  2. That the offence was not committed
  3. The vehicle was hired out under a vehicle hiring agreement
  4. The vehicle was stolen (a crime reference number must be provided)

A full list of the grounds under which a representation can be made can be found at

http://www.legislation.gov.uk/ukdsi/2018/9780111163818/regulation/14

Representations can be made to the council in the following ways:-

What happens next?

The payment period is frozen whilst representations are considered. The Council must respond to representations it has received within a period of 56 days however will aim to respond within 10 working days.

If your representation is successful, you will be written to and notified that the Penalty Notice has been cancelled. If your Representation is unsuccessful, a Notice of Rejection will be issued and you must either pay the Penalty Notice in full or appeal to an Adjudicator, who will independently consider your appeal.

You may submit supporting evidence with a representation whether this be documents, photographs or any other relevant information.

What if I disagree with the Council’s decision?

If you disagree with the council’s decision, you can appeal to the independent adjudicator at the Traffic Penalty Tribunal.

The adjudicators are independent lawyers and their decision is final.  You can appeal online by visiting the tribunal’s website: www.trafficpenaltytribunal.gov.uk.

The website explains further what the adjudicator can consider and how to appeal.

If you are unable to appeal online, you may request a paper form (and find further information) from the Traffic Penalty Tribunal by calling 0800 160 1999, leaving your name, address, telephone number, vehicle registration mark and penalty notice (PN) number.

There is no charge for appealing and costs are not normally awarded. Details about when an order for costs can be made can be found on the website, or by calling the number above.

You will need the information below to hand when you begin your appeal:

  • Notice of Rejection Date
  • PN Number: eg OV00000256
  • Vehicle Registration Mark
  • PIN Code (this will be detailed on the Notice of rejection issued to you by the Council)

You should appeal within 28-days of delivery of this Notice of Rejection (this is usually two working days after the “Notice of Rejection”).

 

 

 

 

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