How to Pay or Challenge a Fixed Penalty Notice

How to Pay or Challenge a Fixed Penalty Notice (FPN)

You can get a penalty between £75 and £400 for committing an environmental offence, for example:

  • littering (including food waste, cigarette butts or chewing gum)
  • fly-tipping
  • putting up posters without permission (‘fly-posting’)
  • not cleaning up after your dog
  • graffiti
  • not presenting waste properly
  • disposing of domestic, or commercial, waste illegally

Environmental offences are criminal in nature and not civil offences.

3GS Fixed Penalty Notices

Some fixed penalty notices (FPN) are issued by Gloucester City Council. Others, such as those issued for littering offences, are currently issued by 3GS. Note that 3GS deal with all of their own payments and appeals.

After 21 September 2024 all fines issued will come from Gloucester City Council. Those issued by 3GS, prior to this date, will still need to be handled by 3GS until the FPN has been paid or appealed and the case has reached a conclusion.

Before making payment, or appealing, please check whether the fine has come from Gloucester City Council or 3GS. The FPN itself should give details of this.

Note, an FPN issued by 3GS will usually have a reference number beginning with the digit ‘1’. 

Paying a 3GS Fixed Penalty

You’ll need to pay your fine within 14 days. If you pay your fine within 10 days you’ll only pay the reduced rate.

You can pay by phone on 01256 898 911 (9am to 5.30pm, Monday to Friday) or by post to:

3GS, Payments Manager, Payments Centre, PO BOX 250, Deeside, CH5 9FL

Challenging a 3GS Fixed Penalty Notice

If you disagree that you have committed an offence or if you believe you were wrongly issued the FPN then you may appeal directly to 3GS by emailing representations@3gs.co.uk.

Paying a Gloucester City Council Fixed Penalty Notice

You’ll need to pay your fine within 14 days. If you pay your fine within 10 days you’ll only pay the reduced rate.

Make payment by telephone on 01452 396 396 – select option 6. A Customer Service Officer will take your payment.

Challenging a Gloucester City Council Fixed Penalty Notice

If you are issued a FPN by Gloucester City Council but you disagree that you have committed an offence or feel that it was unreasonable for the Notice to be issued, you can appeal (in writing) by emailing fpn-appeals@gloucester.gov.uk or by post to:

FPN City Centre Improvement Team, PO Box 2017, Pershore, WR10 9BJ

You’ll need to provide evidence to show why you should not receive the penalty. See further information below under Appeals: more information.

If you do not pay the fine

If you refuse to pay the fixed penalty notice, then your case would progress to the local Magistrate’s Court. The maximum penalty on conviction is £2,500, a criminal conviction and any associated costs.

What information we keep about the fines

We keep records of:

  • fixed penalty notices we have issued, from issuing the fine to payment or prosecution
  • evidence if the case has to go to court

Legal powers

Fines are issued under the Environment Protection Act 1990, the Clean Neighbourhoods & Environment Act 2005 and the Anti-Social Behaviour Act 2003.

Appeals: more information

If you disagree that you have committed an offence, you can decide not to pay the Fixed Penalty fine, and the matter will then be decided by a Court. However, this can be time-consuming for both parties. Consequently, Gloucester City Council has developed this internal appeal process that can help to resolve disputes before they get to Court.

  • Cases where an appeal might be considered favourably include, but are not limited to, instances where you can demonstrate that:
    • No offence was committed,
    • or the fixed penalty notice has been wrongly issued.
  • The offence was committed by someone else.
  • The offence wasn't the fault of the person against whom the Notice was served.
  • The Notice should not have been issued because:
    • the offender is under 18,
    • or is physically or mentally incapacitated
    • or has some other incapacity that prevented the person from understanding that they committed an offence.
  • Serving the Notice is not considered to be in the public interest. But don’t forget, the Council has a duty to enforce the law. Fixed Penalty Notices are designed to be a quick and easy way to deal with minor offences.

In order to serve an FPN, the issuing officer will have evidence that an offence was committed by the person against whom the Notice was issued. Any dispute must therefore clearly show the reasons why the FPN should be cancelled. You will be required to provide evidence, such as photos, witnesses etc. so that we can fully consider the dispute.

There are a range of reasons where a dispute shall not be considered, and these include;

  • Ignorance of the law – the legal test would be whether a reasonable person would be aware that an offence had been committed – it is common knowledge that dropping litter, fly tipping and allowing dogs to foul etc. is wrong.
  • You couldn't prevent the offence - the test would be whether a reasonable person could have taken steps to prevent the offence occurring.
  • The offence was minor – that’s why a FPN has been issued, as this gives the opportunity to avoid going to Court. More serious offences may be prosecuted without this option.