A five-year-old girl was sent a £1,000 fly-tipping fine for fly-tipping after officials claimed to have caught her in the act.
Harrow Council’s new enforcement contractor APCOA sent a Fixed Penalty Notice (FPN) addressed to the girl on November 20, stating that she was “witnessed by a uniformed officer… committing the offence of fly-tipping”.
It later emerged that parcel packaging with her name on it had been found in a street away from her home address, and she was not seen doing anything.
The girl’s father, who wants the family to remain anonymous, told the Local Democracy Reporting Service (LDRS) the packaging had been put in communal bins at his flats, but these regularly go unemptied and overflow.
He described issuing fines to children as “absurd”, adding: “I am seriously concerned about the financial impact of this fine and it causing my daughter undue stress for her age.”
FPN Warning Letter. The FPN addressed to the young girl claimed she was ‘witnessed by uniformed officers committing the offence of flytipping’. Image Credit: Grant Williams
FPN Warning Letter. The FPN addressed to the young girl claimed she was ‘witnessed by uniformed officers committing the offence of flytipping’. Image Credit: Grant Williams
The girl’s father tried to appeal the fine through the council’s website. After ten failed attempts, he attended a council advice session at Harrow Library but claims he was told it had to be reported online or by calling the council directly.
He said: “I sent an email to the specified address but it bounced. I called the council and after a 40-minute wait was put on to someone, who told me that they could do nothing about this and then hung up.”
The five-year-old then received a ‘final reminder’ on December 5, advising her the enforcement team were about to instruct the council’s legal team to start court proceedings.
Final Warning Letter. The FPN addressed to the young girl claimed she was ‘witnessed by uniform officers committing the offence of flytipping’. Image Credit: Grant Williams
Final Warning Letter. The FPN addressed to the young girl claimed she was ‘witnessed by uniform officers committing the offence of flytipping’. Image Credit: Grant Williams
The letter warned that a conviction “carries a maximum penalty of £2,500”.
The distressed father subsequently attended a ward surgery held by his ward councillor, Stephen Hickman. Cllr Hickman told the LDRS: “It is right that the council enforces fly-tipping but residents expect a fair process where the information is correct and an appeals process that is transparent.”
Cllr Stephen Hickman described fining a child as ridiculous. Photo: Harrow Council
Cllr Stephen Hickman described fining a child as ‘ridiculous’. Photo: Harrow Council
He added: “Charging a child is ridiculous and the process has been very stressful for their father. I am hopeful that the council will look again at his case and review its protocols.”
The father said: “All I want is for this fine to be rescinded, or for there to at least be a clear process for appeals against fines such as this, as there seems to be no due process currently. I hope this injustice can be rectified.”
The issue was raised at a cabinet meeting (December 17). Cllr Peymana Assad asked Cllr Pritesh Patel, who is responsible for cleaner streets and public safety, whether fining children is official council policy. Cllr Patel replied “of course it is not the official council policy to fine children” and promised to look into the case.
Harrow Council leader Cllr Paul Osborn added: “I’d like to find a child who could afford to pay a £1,000 fine at five years old. Obviously that is totally unacceptable and we will look into any of those accusations.”
The LDRS has been informed by Harrow Council that the fine has now been rescinded. An APCOA spokesperson said: “The Fixed Penalty Notice (FPN) resulted from investigation of waste that had been fly-tipped; the age of the individual was not known. However, the FPN should have been cancelled on appeal.
“APCOA has already contacted the family concerned to apologise and confirm that the FPN has been cancelled. We have also taken steps to avoid a similar situation recurring as this case has not met our usual high standards of service.”
If you have been affected by an unfair fine from APCOA, email grant.williams@reachplc.com