There are no formal grounds for appeal against a Fixed Penalty Notice (FPN).

An FPN is issued as an alternative to prosecution for the offence that's been committed. By paying the penalty you discharge your liability for the offence.

Alternatively, you have the right not to pay the FPN and defend yourself in the Magistrates Court. Local Councillors may not get involved in this process. This is a legal process. The Local Authority can only discuss the matter with the alleged offender unless written permission is granted by the alleged offender.

There is no statutory defence in relation to there not being any nearby litter bins. The same applies to the disposal of bagged 'dog waste'. Where bins are not available, it is up to everyone to act responsibly and make arrangements to either take their litter home or carry it until a litter bin is available.

Making a complaint

We would consider cancelling an FPN if:

  • the offender is under 18
  • the person can't understand that they committed an offence
  • there are significant extenuating circumstances that temporarily affect the ability of the alleged offender to comply with the law

Step 1

If you feel these apply to you or the person who received the FPN, the initial point of contact is Kingdom Local Authority Support. Kingdom Local Authority Support will consider your case accordingly and a written response will be provided within 14 days.

No legal proceedings will initiated until a response has been sent to you.

Step 2

If you are not satisfied with how your complaint has been handled, you can contact the Council directly to register a complaint.  Any complaints received by the Council will be treated in accordance with the Council's corporate complaints process.

Reasons for complaint may include but not be limited to:

  • If you are concerned with the conduct of any Enforcement Officer
  • If you believe there may be legal grounds for challenge
  • If you feel that you may be exempt from prosecution
  • If you are not satisfied with the way in which your case has been handled by Kingdom Local Authority Support

You can contact the Council directly by submit your complaint along with any supporting documents via email or write to us at: Sutton Council, Civic Offices, St Nicholas Way, Sutton, SM1 1EA.

No legal proceedings will be initiated until a response has been sent to you.

What you can expect from us during the complaints process

Council Officers will independently review your case fairly without prejudice and will contact you with our findings.

  • We will listen to and take your complaint seriously
  • We will deal with your complaint fairly
  • We will tell you how long our investigations will take
  • We will apologise if we have done something wrong and tell you how we will put things right
  • We will keep all information about you confidential

Council Complaints process

1. Stage 1 Complaint

Once you've submitted your complaint, we will let you know that it's been received within 5 working days.

Complaints will be investigated and a response will be sent to you within 20 working days.

2. Stage 2 Complaint

If you are unhappy with the response from Stage 1, you have 28 days to request a Stage 2 review.

You will need to email or write to us explaining why you are dissatisfied and this request will then be reviewed by a senior council officer who has not been involved in your case before to reconsider your complaint.

We will send you a response within 20 working days or tell you if it will take longer and let you know when you can expect a full reply.

3. Refer to Local Government Ombudsman

If you are not happy with the outcome of your Stage 2 complaint you can refer your complaint to the Local Government Ombudsman.

At this stage, any Fixed Penalty Notice will need to be paid in full to avoid further legal action being taken.