British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
First-tier Tribunal (General Regulatory Chamber)
You are here:
BAILII >>
Databases >>
First-tier Tribunal (General Regulatory Chamber) >>
Liddle v Hartlepool Borough Council (Re Standards & Licensing) [2025] UKFTT 602 (GRC) (03 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/602.html
Cite as:
[2025] UKFTT 602 (GRC)
[
New search]
[
Printable PDF version]
[
Help]
|
|
Neutral Citation Number: [2025] UKFTT 602 (GRC) |
|
|
Case Reference: FT/SL/2024/0062 |
First-tier Tribunal
(General Regulatory Chamber)
Standards & Licensing
|
|
Heard on the papers: 28th May 2025
|
|
|
Decision Given On: 03 June 2025 |
B e f o r e :
HHJ DAVID DIXON
JUDGE ARMSTRONG-HOLMES
____________________
Between:
|
JOANNE LIDDLE
|
Appellant
|
|
- and -
|
|
|
HARTLEPOOL BOROUGH COUNCIL
|
Respondent
|
____________________
NT
____________________
HTML VERSION OF DECISION
____________________
Crown Copyright ©
Decision: The appeal is allowed and the fixed penalty is withdrawn.
REASONS
- This is an appeal brought by the Appellant against a decision of the Respondent to impose a financial penalty for not placing refuse bins within the Appellant's property's curtilage. The Respondent apparently issued an intended penalty notice (IPN) on the Appellant on 17th February 2024. Representations were made by the Appellant, but they were rejected by the Respondent it seems, and a fixed penalty notice was issued on 26th April 2024.
- The fixed penalty notice was issued under s46C of the Environmental Protection Act 1990.
- The Appellant avers that there is an ongoing issue with the residents of the relevant street and its neighbour, and that the Respondent's approach to these matters is inconsistent, in that some residents are allowed to place their bins outside of their property whilst she is not. She seeks the penalty being set aside.
The Law
- Under 46CPenalties via section 46A: procedure regarding notices of intent and final notices
(1) Before requiring a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person notice of intention to do so (a "notice of intent") in accordance with subsections (2) to (4).
(2) A notice of intent must contain information about—
(a) the grounds for proposing to require payment of a fixed penalty,
(b) the amount of the penalty that the person would be required to pay, and
(c) the right to make representations under subsection (3).
(3) A person on whom a notice of intent is served may make representations to the authorised officer as to why payment of a fixed penalty should not be required.
(4) Representations under subsection (3) must be made within the period of 28 days beginning with the day service of the notice of intent is effected.
(5) In order to require a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person a further notice (the "final notice") in accordance with subsections (6) to (8).
(6) A final notice may not be served on a person by an authorised officer before the expiry of the period of 28 days beginning with the day service of the notice of intent on the person was effected.
(7) Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).
(8) The final notice must contain information about—
(a) the grounds for requiring payment of a fixed penalty,
(b) the amount of the penalty,
(c) how payment may be made,
(d) the period within which payment is required to be made (which must not be less than the period of 28 days beginning with the day service of the final notice is effected),
(e) any provision giving a discount for early payment made by virtue of section 46B(2),
(f) the right to appeal under section 46D, and
(g )the consequences of not paying the penalty.
- The Appeal provisions are contained within section 46D
46DAppeals against penalties under section 46A
(1) A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty.
(2) On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty.
(3) The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty.
(This is subject to subsection (4).)
(4) Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period.
(5) The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.
Chronology and Appeal Process
- The Respondent seems to have issued the IPN on 17th February 2024 in relation to an activity on a date unknown. No date for service is given, nor how it was affected. The FPN was issued it seems on 26th April 2024.
- Within the FPN documentation the Respondent indicates it had tried to contact the Appellant by email and had tried to contact the Appellant in person on 3 separate occasions (unspecified) and had no option but to move to the FPN.
- The Appellant indicates in her Appeal that she didn't receive the FPN until 20th May 2024, and was unaware that anyone from the council had ever visited her address, as nothing was posted through her letterbox to indicate that there had been a visit. In reference to the email from the council, she indicated that she has not had an internet connection for several months and therefore couldn't have accessed it.
- Following on from the Appeal being lodged the Respondent has not contacted the Tribunal. Case Management Directions were made indicating the Respondent may not be able to participate in the Appeal unless cooperation followed. No response has been received even after that. The Respondent's behaviour is completely unacceptable.
- As a result of the failure to act in an acceptable and appropriate manner the Respondent was barred from further participation in the Appeal.
Decision
- In order for the Respondent to have issued an IPN the Appellant must be shown to have acted improperly. There is no evidence.
- Having issued the IPN the Respondent must issue the FPN within 28 days of service of the IPN. There is no information when service was met, and therefore procedurally no evidence that the FPN was lawfully issued. The Appeal fails on that basis as the Tribunal has no way of knowing if the FPN was correctly issued. The Appellant's indication that the FPN wasn't received until nearly a month has passed is troubling.
- The Appellant raises a number of points that suggests that the FPN was unfair in light of an arbitrary policy of imposing against some people but not others. There is no response from the Local Authority to rebut, explain or offer any assistance on this issue. There may well be something in the argument, and on the balance of probabilities the Tribunal is left to say that the Appeal should succeed.
- Accordingly, the Appeal is allowed. The FPN is quashed and the penalty is removed.
- The Respondent Authority here has acted in a way that is utterly contemptuous. Whilst no action is taken on this occasion, if this sort of failure to engage is repeated the Tribunal is likely to require attendance of individuals and the issue of costs to be addressed.
Signed
HHJ David Dixon
Date: 28 May 2025