Littering from vehicles

Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

On 1 April 2018, the Government introduced the Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018. These regulations allow a civil penalty notice to be issued to the keeper of the vehicle from which litter is thrown. This removes the need to identify precisely who threw the litter before taking enforcement action.

Sunderland City Council may issue a civil penalty to a person who is the keeper of a vehicle, if we have reason to believe that a littering offence has been committed by either the driver, or the passenger(s) in respect of the vehicle on the authority's land.

The powers only apply to offences committed on land where the council (as litter authority) has a legal duty to keep the land clear of litter and refuse (this means land directly maintained by the local authority or local authority roads).

How much is the fine?

This Penalty Notice requires you to pay a fixed penalty. The amount of the fixed penalty is £150.00 (which is the amount specified by the council under section 88(6A)(a) of the Environmental Protection Act 1990) if it is paid within the fixed penalty payment period. Sunderland City Council will accept a reduced amount of £75.00 if the payment is received within 14 days of the date of this notice.

If you do not pay within 28 days

If payment is not received within 28 days, the registered keeper of the vehicle may be sent a statutory notice known as a Notice to Owner (NTO), and they will have to pay the full amount.

If payments or representations are still not made within 28 days of the NTO, the council may send a Charge Certificate and the cost of the original penalty charge will be increased by 50% of the original charge.

Please note that we may register the charge with the Traffic Enforcement Centre (TEC) at Northampton County Court to recover the unpaid charge. This will add a further £9 (as of 29/09/2021) in costs.

We may then take legal action against you which can involve using Enforcement Agents to recover unpaid penalty charges and there will be further costs to pay.

How can I pay my Penalty Charge Notice (PNC)?

You can pay a PNC by using one of the following methods:

• Pay your PCN online - please note payments may not be made online until the next working day after the notice has been issued
• by credit/debit card - please call the payment line on 0191 520 5550. This service is only available between 8.30am and 5pm, Monday to Friday
• by cheque or postal order to: Sunderland City Council 'CASHIERS', City Hall, Plater Way, Sunderland, SR1 3AA. Please make your cheque or postal order payable to 'Sunderland City Council' and write your civil penalty notice reference number on the back

Please note that receipts are not issued.

How to make representation

As the person to whom this civil penalty is addressed, you have a right to make representations to the council against the PCN.

There are limited grounds on which representations may be made as set out below. If you think one or more of the listed grounds applies to your case and you believe that the PCN should not be paid, you may make representations to the Council.

Representations must be made in writing and can be submitted either by email to FPNappeals@sunderland.gov.uk or by post to:

City Development Directorate,
Environmental Enforcement Manager,
Jack Crawford House,
Commercial Road,
Sunderland
SR2 8QR

Statutory grounds of appeal

Those who receive a civil penalty have a right to make representations within 28 days, under a number of grounds set out in The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Persons who disagree with any decision made in regard to representations made will have the right of appeal to an independent adjudicator at the Traffic Penalty Tribunal Service (England and Wales) 

About the Traffic Penalty Tribunal

The Traffic Penalty Tribunal is an independent tribunal whose impartial, independent adjudicators consider appeals by motorists and vehicle owners who have been issued with Penalty Charge Notices (PCNs) by Councils that are enforcing under the Traffic Management Act 2004. The adjudicator will consider the appeal and make a decision

Making an Appeal

Your Notice of Rejection will contain instructions on how to make an appeal online, or by post if you are unable to appeal online. Your appeal should be made within 28 days from the service of the Notice of Rejection. Making an appeal to the Traffic Penalty Tribunal is free.

An appeal can be made for the following reasons:

• The alleged offence did not occur
• The vehicle was taken without my consent (you must provide a crime reference number)
• I was not the owner at the time the offence occurred
• The vehicle was hired out under a vehicle hiring agreement
• There has been a procedural impropriety by the authority

In addition, whether or not any of these grounds applies, if you believe there are compelling reasons why you should not pay the penalty charge you may also explain those reasons. The PCN will contain more details on making representations.