Community Wardens will issue a fixed penalty to a person who they believe has committed an offence under Section 33a of the Environmental Protection Act 1990.
The notice issued gives the person an opportunity of discharging any liability to conviction for the offence by paying a fixed penalty of £200 during the period of 14 days following the date of the notice.
Can I appeal a Flytipping Fixed Penalty Notice?
There are no formal grounds of appeal against a flytipping fixed penalty notice.
If you do not agree that you committed an offence then the matter will be dealt with through formal prosecution via the Procurator Fiscal. It will then be up to the Procurator Fiscal, on receiving evidence, to determine whether or not an offence was committed and therefore whether or not any penalty should be imposed.
The Procurator Fiscal route becomes the process for those wishing to appeal a fixed penalty notice. Please note that the penalty imposed by the Procurator Fiscal can be significantly greater than which is imposed through a fixed penalty notice from East Renfrewshire Council.