Posted 18 hours ago

District Enforcement 'littering' fine

My friend out of the blue received a FPN from the council via the notorious District Enforcement for, apparently, littering. No indication of what form this littering took, nor any evidence provided. Appealing it requires going to court.

Anyone had one of these? Looks like no option but to pay, even though no indication whatsoever what the actual 'crime' was.
Community Updates
New Comment

42 Comments

sorted by
's avatar
  1. AndyRoyd's avatar
    Observation-only as have had no contact experience:

    District Enforcement Ltd is a private company with Data Protection Registration reference: Z2376620.
    Consider contacting DELs Data Protection Officer with a Subject Access Request demanding all personal information about the victim held by the company, including any video footage.
    DELs DPO contact details is stated towards bottom of its privacy policy page at
    district-enforcement.co.uk/pri…cy/

    ICO info about SAR:
    ico.org.uk/for…st/
    and it is worthwhile reading what ICO expects of the organisation receiving the SAR, just in case the organisation overlooks one or two or more of its obligations:
    ico.org.uk/for…ss/
    Ferris's avatar
    Author
    The issue with this is the fine goes up in 10 days. Even with the same evidence they have, it seems all he can do is make a "representation" that the private company are free to reject and then the full fine applies.

    On talking to him further, he suspects the only thing it could possibly be is because the 'officer' saw a wheelie bin (not his or his household's) on the pavement outside his terraced property outside of bin day, and decided this constituted 'littering' and that he was to blame.

    That just seems bizarre to me. If someone comes and flytips on the public pavement outside my house, I'm to blame?
  2. Roger_Irrelevant's avatar
    Ask on your local Facebook group(s) cos likely these uniformed "pay police" will have tried it on elsewhere, normally like supermarket car parks where they generally try and harass anyone they seem more vulnerable/likely to pay so older people, single women etc.

    Also if you look on YouTube there's people like @pinac-audit who show how you should deal with these "Enforcement Officers" should you be unlucky enough to approached by them.

    A key point appears there has to be "intention", you have to have intentionally abandoned your litter e.g. fly tipping or throwing a cigarette butt.
  3. Mendoza's avatar
    it just sounds so weird, I’d ask them for photo/video evidence
    Ferris's avatar
    Author
    There is no mechanism for any dialogue with the private company. It's either pay up or make a "representation" that will likely be ignored.
  4. ANDYwwww987's avatar
    I would definitely be contacting my councillor complaining about lack of due to process eg evidence etc. as they are working on council's behalf.
    Ferris's avatar
    Author
    Yes, agreed. My suggestion, even if he does pay, was to complain loudly to local councillors and MP as they are all up for reelection this year...
  5. Adster's avatar
    Get the addresses of the directors of District Enforcement Ltd, dump a black bag outside each of their houses then take a photo and bill them for littering.
  6. hubcms's avatar
    I think I'd be inclined to talk to the local council first, as it appears that any possible offence has taken place on their land. If they do not appear helpful I'd ask if the tables were turned would they just happily pay? Take full notes of dates and times of any realavent conversations making it clear your friends happy to go to court as they have been given no reason to believe they have committed any such offence.
    Ferris's avatar
    Author
    As with the police and parking offences, the council has handed over all responsibility for issuing FPNs to a private company who presumably have quotas to fill. There aren't even any contact details for the relevant council departments involved on the letter - just a website to pay up or make 'representations'. (edited)
  7. Azwipe's avatar
    I find it hard to believe anyone could receive a fine without any explanation of the offense. Strange that your friend 'suspects' it was a rogue wheelie bin outside his property. I live in a terraced house and i'm pretty sure i would notice a bin outside my house.

    I don't think your friend is giving you the full story, sounds like the fine is for leaving his wheelie bin on the the public footpath outside of collection day. If so 100% justified.
    Ferris's avatar
    Author
    The thing with bins with wheels is that they're very easily pushed around by other people, even when you're not in to notice.

    I've advised him to ask around neighbours to see if anyone else (especially one of the people who actually do leave their bins out 24/7) got the same letter, as that would at least confirm the nature of the offence. The letter literally claims to have witnessed littering on a particular morning last month. No evidence provided whatsoever.
  8. TristanDeCoonha's avatar
    What area is this, so others can have notice of the rogues operating in their home town
    Ferris's avatar
    Author
    Just search the company name and you'll see council after council have got into bed with them.
  9. SaturdayGigs's avatar
    You have the opportunity to represent your case through formal prosecution via the criminal courts.

    It will then be up to a court, on receiving evidence, to determine whether or not an offence was committed, and if any penalty should still be imposed. However, be aware that a financial penalty imposed by the courts may be significantly higher than the penalty imposed through an FPN.

    Who has the final say on whether an individual is prosecuted?
    The decision always lies with the Local Authority.
  10. The2Time's avatar
    A friend huh. lol
    Ferris's avatar
    Author
    Yes. I've known him for a few decades. What's your point?
  11. Roger_Irrelevant's avatar
    Seems they bought TSP Car Park Management Ltd, the director is a "Danyli Pawlo Kurpil" obviously likes his businesses taking money off people.

    On LinkedIn.

    There's an article about a court case they lost and the tactics they used.

    parking-prankster.blogspot.com/201…tml
  12. Bob24601's avatar
    If the letter does not provide any details as to the actual reason for it, then I think I'd rather go to court and argue it.

    Surely they will need to provide some form of evidence to show an offence has been made.
    Ferris's avatar
    Author
    Yeah, I would too. I don't think my friend is up for it for the sake of £80 though, which is these scammers' entire business model.
  13. tek-monkey's avatar
    Simple response - I cannot determine what the offence was from your communications, and therefore cannot admit any liability.

    No court will make you pay for an offence you aren't allowed to know you committed, if anything you can just say you assumed it was a scam due to lack of details. If at court they provide the details they refused to beforehand then pay up, but only offer the original fine as no offence was originally informed.
  14. Charger1969's avatar
    Got one of these a few years back while sitting in my car waiting for my better half to finish shopping, my daughter and her friend were in the back and I got a letter for littering which stated 'cigarette butt dropped out of rear n/s window', I knew straight away who it was but I didn't have all their details only their name, so I contacted the district who issued the notice and explained that I knew who it was and gave the name but couldn't give any more details as she was 15 and I couldn't obtain them.

    They dropped the fine immediately as they said they could not prosecute a minor without a legal guardian present.
's avatar