# Litter pollution Act fine query?



## Abbica (26 Jul 2011)

Hi, I just wanted to get your expertise to clarify an issue that has arisen for me. A very expensive one! 

I was sitting with a friend in a car park at Supervalue having a cigarette whilst waiting on my sister and I did put the cigarette butt out the window. 

Next thing a man popped to my window, obviously standing behind my car waiting for me to do it as he was there in an instant. He stood 2 foot away from my car and mumbled his name holding a little card and something else and I excused myself and asked him to repeat because I didn't know what he wanted. 

He then just roared at me, you have littered under 1997 act and you are going to be fined €150 so give me your name. I said, " what, €150". I couldn't believe the amount. He muttered away still and then roared again, give me your address. So I said my address and he just said I will get the fine in the post and then ran off, literally! 

We were left absolutely gobsmacked by his behaviour. He never even got my name so he basically that day fined my car for the offence. Plus he never asked me to get out and pick it up, which I did after he ran off anyway. Plus his manner was desperate and I was still left confused after he ran off. It was also in a private carpark. 

I got the fine in the post the other day. It goes on about littering in public places etc. There is a minor public road visible a bit back from where I had the car parked through the throngs of over cars! Do I have any grounds at all to refuse to pay this large fine please? 

I appreciate I was in the wrong though but something doesn't add up about it all.


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## Guns N Roses (26 Jul 2011)

Abbica said:


> I got the fine in the post the other day. It goes on about littering in public places etc.


 
Is the fine from your Local Authority?


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## Guns N Roses (26 Jul 2011)

Even if you litter on private land, you can still be guilty of littering if it can be seen from a public place such as a public road. 

*Extract from Litter Act 1997*
Prohibitions related to littering. 
*3.* —
(1) No person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place.
(2) No person shall—
( _a_ ) deposit any thing that is commercial, household, industrial or municipal waste in any place for collection by or on behalf of a local authority or by another person, or
( _b_ ) load, transport, unload or otherwise handle or process any thing or carry on a business, trade or activity
in such circumstances as to create litter or lead to litter in any public place or any place that is visible to any extent from a public place.
(3) No person shall place municipal waste into or near a litter receptacle.
(4) No person shall move or interfere with a litter receptacle that has been provided by a local authority or other person unless the movement or interference is authorised by the local authority or other person.
(5) For the purposes of _subsection (3)_, "municipal waste" has the meaning assigned by section 5 of the Waste Management Act, 1996 .
(6) A person who contravenes any provision of this section shall be guilty of an offence.


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## Complainer (26 Jul 2011)

Great to see local authorities addressing this huge problem http://www.rte.ie/news/2010/0531/litter.html


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## Sunny (27 Jul 2011)

Complainer said:


> Great to see local authorities addressing this huge problem http://www.rte.ie/news/2010/0531/litter.html


 
I agree. Sorry OP but you know yourself, you shouldn't have done it. Just wished they could fine everyone who does it. Might have saved us the €100 property charge!


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## Abbica (27 Jul 2011)

Thanks anyway for your advice. It is more to do with him not giving me the option to pick it up and then not taking my name and his manner that questions whether I have any case against this?


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## Guns N Roses (27 Jul 2011)

Abbica said:


> It is more to do with him not giving me the option to pick it up


 
Even if he had given you the option to pick it up, you would still have been fined the same way if you had been caught speeding or illegally parking. The days of pleading leniency to officals in this country is over. (and rightly so)


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## Guns N Roses (27 Jul 2011)

Abbica said:


> and then not taking my name and his manner that questions whether I have any case against this?


 
I agree that his manner & tone did not seem to be very professional. You could complain in writing to the Local Authority about his conduct but it's not going to get you off the fine.


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## djh (27 Jul 2011)

If he did not take your name, is the fine addressed to you by name?
*curious*


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## Abbica (28 Jul 2011)

Hi, yes, he addressed it to my name. He got it probably when he took my number plate, checked the records. Oh god, I can't believe I have to cough up €150 for this. I just think it is a very harsh fine. Imagine if I was unemployed! In this day an age it should be at the most €90, I think!


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## Complainer (28 Jul 2011)

The best thing you can do now is
1) Pay the fine
2) Tell all the smokers among your family and friends about the fine, so that they don't get caught in future.


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## Abbica (28 Jul 2011)

Thanks for all the advice, I will have to bring a bottle with a bit of water in it from now on in the car as cars don't come with ashtrays anymore!! I know, or I can quit. Fourth time lucky I hope!


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