Pay your Fixed Penalty Notice (FPN)

The powers are delegated from the Local Authorities we work for. Our officers will enforce all legislation in accordance to the law.

Yes. All our officers are screened and vetted. WISE Enforcement Officers undergo a bespoke, one of a kind, training package. This consists of classroom based learning (legislation etc) and role play. Upon completion of this, they will be assigned to an experience training officer who will ensure they are suitable prior to being signed off as independent.

All staff are routinely assigned to a training officer to ensure our expectations are being met.

This is set out in the contract or service level agreement (SLA) with each authority. This will also be signed off by both parties prior to any patrol.

No. All of our officers are paid an hourly rate and do not receive bonuses.

These are used to protect the public and our officers from being subject to spurious complaints or intimidation by offenders seeking to avoid paying the penalty issued. The cameras are only switched on at the point the officer introduces him/herself to the offender and it is explained why the camera is in operation. The camera is turned on during the conversation only, this can then either be served as evidence or unused material dependent upon the prosecution policy of the local authority.

The decision always lies with the local authority.

Our environmental crime officers are specialists in their field. They receive intensive introductory training and ongoing professional development to maintain the high standards required by the local authorities they serve. There is body worn camera footage of every interaction between our officers and members of the public. Any complaints against our Officers can be made to local authorities and are handled in line with established procedures.

Since the Clean Neighbourhoods and Environment Act 2005 became law, new measures have been introduced, enabling local authorities to issue a FPN to anyone they have reason to believe committed an environmental crime that damages the street scene. A FPN gives an alleged offender the opportunity of discharging their liability from being prosecuted by paying the FPN. If an offender is prosecuted the maximum fine for littering can be up to a maximum of £2,500 and may be faced with a conviction.

The amount is set by the local authority using the current guidelines for penalty notice levels Luton Borough Council have set their amount £150.00 for Littering related offences, which is discounted to £75.00 if paid within 10 days. Various PSPO related offences will be enforced also; namely:

• urinating
• defecating
• street drinking
• begging
• dog fouling

There are no formal grounds of appeal against the issuance of a FPN. This is because the FPN is simply an invitation to effectively cease any further proceedings taking place byway of paying the FPN. This means that while this is not an admission of guilt, you are agreeing that an offence has been committed and that by paying the sum requested for that particular offence, no further action will be undertaken by the council.  

This method of dealing with these offences saves the time of all parties involved, it also ensures the offender does not have a fine imposed by the courts. As an example, the maximum fine which can be imposed for littering is £2,500.

If you have received a FPN and do not agree that you have committed the offence, then the matter can be escalated through formal prosecution via the courts. It will be at this point whereby the court will decide, upon receiving all evidence (such as an officer’s witness statement), determine whether or not an offence has in fact been committed and therefore whether a penalty should or should not be imposed.

This is where you can ‘appeal’ the FPN – however, please note the penalty at this point can be much more than what was originally put before you with the FPN.

Offences relating to littering, fly-tipping, duty of care related matters and dog fouling have been part of legislation for many of years. The authority is therefore not required to place signs in every street, highway, park or open space to tell people not to do the offence; nor are they required to put signs up advising people that patrols are within the area.

Local Authorities will generally notify the public via media campaigns through various outlets; such as social media. However, the legal position on the matter is that ignorance to the offence is not an excuse.

As with signage it is not feasible for the council to put litter bins in every street, road and highway in the borough, though of course every effort is made to place bins where they are most needed and where there are the greatest levels of pedestrian footfall, such as in:

• town centres
• major shopping areas
• Parks and open spaces

Dog poo, once bagged can be placed in any litter bin in the borough. Where bins are not available then it is up to everyone to act responsibly and make arrangements to either take their litter home or carry it until a litter bin is available.

Wrong. Litter includes not only cigarette butts but also chewing gum. In many ways these items are more of a nuisance and more expensive to clean up than other items of rubbish.

It is your responsibility to dispose of your litter accordingly; therefore it is your responsibility as a smoker to ensure that you completely extinguish your cigarette before placing them within a bin.

Cigarette waste is the same as any other waste in terms of litter laws and you can be issued with a FPN for not disposing of cigarette stubs properly. Obviously, care should be taken to avoid any risk of fire and in particular cigarette ends should be completely extinguished before the stub is thrown into the bin. There is also no reason why smokers (who are well aware that their habit means that they will be faced with disposing of their cigarette waste) cannot carry portable 'butt bins' with them.

Enforcement officers do not give people warnings – the issuance of a FPN is a method for the offender to accept liability for the offence and make payment. This is to avoid a fine being imposed by the courts. 

You can contact us to discuss options, this can be done via [email protected].

Please write to us  via [email protected] or

WISE
PO Box 6945
London
W1A 6US

As soon as possible outlining your situation and providing supporting evidence so that we have enough information to fully assess your circumstances .Once this has been done we will contact you to discuss a way forward .

The officers are tasked to areas of highest demand and will patrol wherever there is evidence of littering. It has been shown that town centres are hotspot areas and cigarette butts are the most common litter issue.