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Fixed Penalty Notices

What is a penalty notice?

A fixed penalty notice is a fine that has been issued by an authorised Newcastle-under-Lyme Borough Council officer, who has reason to believe that an individual has committed one of the following offences:

Offence Fines and timescales to pay

Fly tipping

£350 (0 - 10 days)

£400 (11 - 14 days)

Litter from vehicles

£75 (0 - 10 days)

£100 (11 - 14 days)

Litter

£75 (0 - 10 days)

£100 (11 - 14 days)

Failure to Comply with a Community Protection Notice (CPN) or Public Spaces Protection Order (PSPO)

£75 (0 - 10 days)

£100 (11 - 14 days)

I have been issued a fixed penalty notice, what do I do now?

If you have been issued a fixed penalty notice, you have a limited period of time to pay the amount in full. If you pay the penalty within 14 days then no further proceedings will be taken. If you do not pay the fixed penalty within that time, you may be prosecuted, and if convicted, it could result in you receiving a much larger fine. You may pay the lesser amount if you do so within 10 days of receiving your fixed penalty notice.

How do I pay?

You can pay for a fixed penalty notice:

  • Online from the council's website select 'Pay for it' and follow the instructions. Payments are accepted by debit card or credit card.
  • By giving us a call on 01782 717717 during our office hours which are Monday to Friday between 8.30am and 5pm. Payments are accepted by debit card or credit card.
  • By posting cheques to:

Head of Environmental Health Services
Newcastle-under-Lyme Borough Council
Castle House
Barracks Road
Newcastle
ST5 1BL

If paying by cheque, please include a letter with your details and the reference number for your fixed penalty so that we can correctly record your payment. Cash may be sent, but the council does not recommend this method due to the risk of its loss in transit. If you do send cash we strongly advise that you send it by recorded / registered post (with a covering letter showing the penalty number and your contact details) as otherwise the Council will not accept any liability for any cash that does not arrive.  Your fixed penalty notice will not be considered paid until your full remittance is actually received by the Council. Post-dated or third party cheques will not be accepted in settlement.

Challenging a Fixed Penalty Notice

Fixed Penalty recipients are advised that there is no obligation to pay a fixed penalty notice and that the persons disputing the penalty notice have the right to offer a plea of not guilty and have the case heard in the magistrates' court. However, the local authority will review the facts of each case that is questioned. Challenging a notice does not change the value of the notice or extend the period for payment. The authority aims to respond to challenges within three working days of their receipt. If you wish to dispute our evidence, please contact us on 01782 717717 or e-mail Environmental Health

Only in exceptional cases are fixed penalty notices withdrawn.  This may occur:

  • When the person accused was not the person that committed the offence – this might be the case if someone challenged for an offence has given someone else’s details;
  • Where the person issued with the fixed penalty notice brings forward evidence that could undermine any later prosecution;
  • Where a fixed penalty notice has been wrongly issued, for example where a dog control didn’t apply or the person had exception under the law;
  • Where the person issued with the fixed penalty notice is a child under the age of ten;
  • If further evidence is provided that could lead to the conclusion that the person issued with a fixed penalty notice is in someway vulnerable and the enforcement of the fixed penalty notice would not be in the public interest; and It is for some other reason not considered to be in the public interest

The authority will continue with its planned action where it is satisfied :

  • that there is a case to answer – this is to say that the authority has complied with the relevant statutes and that an offence has been committed;
  • that there is enough admissible evidence to support a successful prosecution;
  • that the prosecution is in the public interest, and
  • that the action proposed is consistent with any adopted authority policy.

The Borough Council operates a complaints procedure if you consider your challenge has not be correctly considered.  See our Complaints, Comments and Compliments page for details. You can e-mail Customer Relations or telephone the Customer Contact Centre on 01782 717717


Last updated 24 October 2019

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