Grounds of Appeal – Littering from Vehicles

Below are the only grounds (reasons) on which an adjudicator can instruct the charging authority to cancel a Penalty Notice (PN).

Don’t worry if you don’t know which ground applies, the adjudicator can decide if a particular ground applies.

It may be that none of these grounds apply to your case. If so and if there is another compelling reason, the adjudicator may recommend that the charging authority cancel the PN. The authority must then consider the recommendation and make a formal response.

I was not the keeper of the vehicle at the time of the littering offence

For example: You were never the keeper of the vehicle, you sold it before (or bought it after) the date of the contravention, or it was the subject of a long-term leasing arrangement.

The vehicle was stolen

This covers stolen vehicles and vehicles used without the keeper’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’.

The penalty notice was issued too late or is a duplicate

For example the penalty notice was issued after 35 days of the littering offence or you have already received a fixed penalty notice or a court summons for the same littering offence.

The vehicle is a public service vehicle (PSV), taxi or private hire vehicle (PHV).

For example: The vehicle is a Public Service Vehicle, a registered Taxi (Hackney Carriage) or Private Hire vehicle (you will need to provide proof of this).

There was a procedural impropriety

This means the council have not complied with the relevant regulations.