If you decide to apply to the court for a Litter Abatement Notice the duty body may argue that you have not given them enough time to clear the litter away. I therefore suggest that you wait more than the minimum 5 day notice period following the EPA Section 91 Warning Notice before making a formal complaint for a Litter Abatement Order.
The Litter Code of Practice specifies last resort response times depending on the type of road. These are shown below. Therefore if you are complaining about a motorway verge you should wait 28 days but for a rural road only 14 days.
High Intensity use – 1/2 a day
Main roads running through primary retail, office and commercial areas, bus stations etc
Medium Intensity – 1 day
Main roads running through primary retail, office and commercial areas, bus stations and housing
Low intensity use – 14 days
“Rural roads and other highways running through.. areas subject to low or infrequent levels of pedestrian and vehicular activity and therefore less prone to fluctuations in litter and refuse, often in more rural areas2
“Motorways and trunk road roundabouts and lay-bys, approach and slip roads connecting to these roads”
Special Circumstances – 28 days or as soon as practicable
Carriageway, verges and central reservations of motorways and trunk roads
By a process of elimination all roads that are not main roads running through built up areas and are not “Carriageway, verges and central reservations of motorways and trunk roads” must fall into the Low Intensity category with a last resort response time of 14 days