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FPN for littering on private land
jugeshm
post Mon, 30 Jul 2018 - 17:40
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Hi, my father received a FPN from Liverpool City Council for dropping a cigarette end on the floor and I am wondering if I can help him appeal it. We really appreciate any help.

He was at work and went out for a smoke break (our own business, he stands at the side of the building to smoke). Unknowingly, a Litter Officer working on behalf of Liverpool Council was parked on the other side of the main road. After his cigarette, my dad came back inside and back to work. 30 seconds later, the agent crosses the road and storms into our shop and demands to speak to my dad. My dad pleads his innocence, trying to explain its our private land and we are responsible for cleaning it. My dad explained that he was going to clean it. The litter officer gave the £80 fine regardless.

Now, the cigarette end was dropped on our private land. The property used to be a pub and has a Cellar Access/Beer Drop Door at the side of the property. The cigarette was dropped on the beer drop, which belongs to us. Therefore I believe this is private land and could be appealed. In the past, we have had people fly tip at this same location. Everytime I call the council to report it, they refuse to accept and inform my that as it's on private land, we are responsible.

The side of the property is a small dead end road. All our customers use it as car parking. We genuinely clean the side of the property everyday and pick up litter and debris blown here. After my dad had his cig, he came back inside to collect the broom and rubble bag for the rubbish. It was his turn for the daily sweep outside. When the officer entered our shop and issued the fine, my dad had the rubble bag in his hand. I noticed he was wearing GoPro and recording it, so if they view the footage, it will 100% show him holding the bag, with full intention to go outside and sweep the rubbish.

And lastly, the officer entered our private property to issue the fine. Firstly, he did not have permission to enter our premises. Secondly, surely the offence took place outside and any fine should be processed outside "on the spot", not in a different location? For example, if I dropped litter outside a shopping centre and then walked into Tesco, can the officer follow me inside and issue a fine? I would like to think not.

Here's images taken on the day showing location of litter:







We sent the following appeal via email. Please click the link below:

https://postimg.cc/image/tatis3j5z/


We then received the following reply from Liverpool City Council, rejecting the appeal:

https://s15.postimg.cc/mx4fp798r/appeal_reply.jpg


I am now unsure where to go from here. I would appreciate any advice where possible. Thank you for your time
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StuartBu
post Wed, 8 Aug 2018 - 14:24
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QUOTE (666 @ Wed, 8 Aug 2018 - 14:03) *
QUOTE (StuartBu @ Wed, 8 Aug 2018 - 13:39) *
Sensible result but dearie me ....some of the things that go on in this Country !!!!!


Incorrect capialisation for a start.

"capialisation"?
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post Wed, 8 Aug 2018 - 14:24
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666
post Wed, 8 Aug 2018 - 14:57
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QUOTE (StuartBu @ Wed, 8 Aug 2018 - 15:24) *
QUOTE (666 @ Wed, 8 Aug 2018 - 14:03) *
QUOTE (StuartBu @ Wed, 8 Aug 2018 - 13:39) *
Sensible result but dearie me ....some of the things that go on in this Country !!!!!


Incorrect capialisation for a start.

"capialisation"?

Curse this iPad "keyboard". I meant "capitalisation". Very weak joke, not helped by having to explain.
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