Our Enforcement Team issue 'Fixed Penalty Notices' (FPNs), which are fines for various types of offence.
FPNs are an alternative to a court prosecution that can be given to anyone over 10 years old, ‘on the spot’ or by post, when:
- an enforcement officer has reason to believe a person has committed an offence
- there would be sufficient evidence to support a successful prosecution
Using FPNs to deal with offences saves time and results in substantially lower fines in comparison to cases prosecuted at courts.
If you receive a Fixed Penalty Notice
If you receive a Fixed Penalty Notice, you can either pay the fine on your FPN or ask for your case to be heard in court.
If you pay the fine within 14 days, you 'discharge any liability for prosecution for the offence' - which means we can't prosecute you and the FPN won't result in a criminal conviction.
If you don't pay the fine within 14 days, we'll start a prosecution which may result in a higher fine or imprisonment.
Household Waste ‘Duty of Care’ FPN grounds for appeal
The Household Waste ‘Duty of Care’ offence is the only FPN which allows for an appeal. Any representations in this respect must be made to in writing within 10 days of issue.
Cases where an appeal might be considered favourably include, but are not limited to, instances where you can demonstrate that:
- no offence was committed
- the fixed penalty notice has been wrongly issued
- 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 prevents 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 taking into account that councils 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
In order to serve a Fixed Penalty Notice, we will have evidence that an offence was committed by the person against whom we issued the notice. Any appeal must therefore clearly show the reasons why the Fixed Penalty Notice should be cancelled. You will need to give us evidence you have, such as photos and details of witnesses, so that we can fully consider your appeal.
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. There are some requirements to display notices warning people about the law, but these don’t apply everywhere and to all legislation, and warning notices don’t have to be where you happen to be when the offence was committed
- 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
- the offence was only minor - that’s why a Fixed Penalty Notice has been issued, as this gives the opportunity to avoid going to court; more serious offences could be prosecuted straight away
- it’s not in the public interest to pursue the offence - although these are minor offences, issues such as the levels of litter or dog mess are something that concern local residents, and City of York Council needs to respond to these concerns by making sure the law is enforced. We also spend a lot of money cleaning the streets, and anything we can do to stop such offences helps us to do this more effectively
Appeals can be sent in writing to e-mail: firstname.lastname@example.org, or by post to:
Neighbourhood Enforcement Team,
City of York Council,
Types of Fixed Penalty Notice
|Offence||Payment within 10 days*||Payment within 14 days*||Magistrate Court imposed fines|
|Breaching a Community Protection Notice||£75||£100||
£2,500 for an individual;£20,000 for an organisation
|Depositing controlled waste without an Environmental Permit (fly-tipping)||£240||£400||£50,000|
|Dog fouling||Not available||£75||£1,000|
|Failure to produce written waste information||£180||£300||£5,000|
|Household waste 'duty of care' breach||£150||£250||unlimited|
|Breaching a Public Space Protection Order||£75||£100||£1,000|
|Repairing a vehicle on a road||£75||£100||£2,500|
|Sale of vehicles on a road||£75||£100||£2,500|
|Transporting controlled waste without authority||£180||£300||£5,000|
Pay a Fixed Penalty Notice
Instructions of how to pay your fine are included on your Fixed Penalty Notice.
The amount of your fine depends on when you pay; we base the date on when we receive payment.
Pay FPN online
Pay FPN by post
To pay a Fixed Penalty Notice by post, complete the yellow 'section C' of the FPN and send it to:
Community Safety FPN 2nd Floor, City of York Council, West Offices, Station Rise, York, YO1 6GA
Cheques or postal orders should be made payable to 'City of York Council' and returned with the completed yellow 'section C' form.
If you're paying by post, we advise you to get proof of postage.
Pay FPN in person
You can make debit and credit card payments for Fixed Penalty Notices at our Customer Centre (however, we cannot answer queries about your FPN).
Pay FPN by telephone
Contact Environmental Services to pay Fixed Penalty Notices by telephone, using your debit or credit card (terms and conditions apply).