Fly-tipping fixed penalty notices are designed to give people the opportunity to admit the offence and pay the fine. By taking this route, the person can avoid being prosecuted for that offence.
If you disagree with the penalty notice, you can decide not to pay the fine. We will send the case to Court for decision. However, this route can be expensive and time-consuming for both parties. We have an internal appeals process that can help to resolve disputes before they get to Court.
When can you challenge a fly-tipping fixed penalty notice?
You can challenge the decision, but you will need to demonstrate that:
- no offence was committed, or the fixed penalty notice has been wrongly issued
- 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 prevent them from understanding that they committed an offence
- there are significant 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
In order to serve a fixed penalty notice, we will have evidence that an offence was committed by the person. Any appeal must clearly show the reasons why the fixed penalty notice should be cancelled. You will need to give us evidence you have, such as photos or witnesses so we can fully consider your appeal.
What you will need to challenge your fixed penalty notice
- evidence to support your challenge. This can be written or photographic evidence
- your fixed penalty notice reference number
- your email address or correspondence address