The following notes have been extracted from GOOD PRACTICE GUIDE ON THE PENALTY CHARGE NOTICE PROVISIONS OF THE LONDON LOCAL AUTHORITIES ACT 2007
Section 24 – Littering from vehicles
This makes the owner of the vehicle responsible for littering from his/her vehicle unless certain exemptions apply, such as littering by passengers in a taxi). … these offences are still enforceable using the Fixed Penalty Notice regime.
For littering offences, local authorities may serve an FPN under section 88 of the 1990 Act (EPA). However, once an amendment to section 24(4) of the LLAA 2007 is passed under the 10th London Local Authorities Bill, the offence of littering from vehicles will be totally decriminalised in London and only enforceable through the PCN (Penalty Charge Notice) route.
One of the factors for introducing a PCN regime to enforce offences considered low level anti-social behaviour is the cost to the local authority. Cost starts becoming an issue when FPNs are unpaid or the offender chooses to go to court rather than discharge his liability by paying the fixed penalty. The costs for a local authority to prepare a case for the Magistrate’s court are far higher than using the appeals system that is available for PCNs.
It must also be remembered that using fines and penalties to enforce offences is ultimately about getting people to change their behaviour and not continue with the antisocial activity. For the majority of offenders receiving an FPN or PCN, it is likely they will not differentiate between the two and see both as a fine to be paid.
Advantages of issuing PCNs to enforce littering from vehicles – No need to identify who the offender inside the vehicle was, PCN allows the keeper of the vehicle to be held responsible for the offence. Under the FPN regime, have to identify the offender.
The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provide the framework for the process and procedure
Further details of the requirements of the adjudicators can be found in the Guide to the Parking and Traffic Appeals Service