Battle over £50 fag butt fine
A CITY smoker is prepared to go to court over a £50 fine for dropping a cigarette end down a drain.
Benjamin Barton, 24, was caught dropping the butt by a community protection officer in Burton Street in the city centre, and issued with a fixed-penalty notice.
But he claims that the littering section of the Environmental Protection Act doesn't cover drains.
He said: "When I was given the £50 fine I thought immediately it wasn't right.
"I went home and checked the Environmental Protection Act. It lists all the things that are covered and drains aren't in there."
Mr Barton, of St Ann's, said he had no choice but to drop the butt down the drain as bins around him at the time were full.
He has told Nottingham City Council he doesn't intend to pay the penalty.
The council plans to pass the case on to its legal team and has warned he could face a much larger penalty if he loses a court case.
In one of its e-mails, the council said that if everyone was allowed to dispose of litter in drains they would become blocked.
Mr Barton said he would not normally drop litter down drains or advocate doing so. He added: "I understand that we need to keep places clean from litter and I don't like to see people dropping it.
"But all the bins around me were full at this time and I feel I had no option. I didn't want to leave it just on the pavement and cause litter that way.
"I don't see how they can force me to pay when there is nothing in the law which states that I have done something wrong.
"It makes me wonder how many other people have paid fines for similar things because they didn't consider making a challenge."
Andy Vaughan, director of environmental services at Nottingham City Council, said: "Anyone caught dropping litter in the city will be issued with a fixed penalty notice.
"This sends out the message that Nottingham City Council does not tolerate littering of any kind.
"If Mr Barton chooses not to pay the fine, we will have no choice but to pursue this matter through the courts."
marcus.boocock@nottinghameveningpost.co.uk
52 Comments
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by Mr N, Nottingham
Thursday, December 03 2009, 10:18PM
“Litter is Litter regardless of where it ends up!!! Putting a cigarette end down a drain causes poisions substances to be released into water course that harms the environment and wildlife! Go into Tesco's and buy a cigarette holder or put your empty cig ends in your packet and dispose of them when you get home!!! It makes me sick to think my council tax goes to clear up litter and cigarette ends are the most littered item and theyre all over the city making it look dirty!!!! Pay the fine and learn from it!!!!! Have you not seen that Magistrates and District Judges HATE litters and give offenders bigger fines than fly tippers who dump loads of items!!!!! Expect to pay a fine of £700 and I will shake the Magistrates hand or the District Judges!!!!!!!!!!! YOU HAVE ALREADY WASTED ENOUGH TAX PAYERS MONEY BY THE SOUNDS OF IT PAY UP!!!!!!!!!”
by Doc, Farnborough Road
Thursday, December 03 2009, 4:46PM
“Morality is at an all time low: Illegitimacy and child abuse has reached epidemic levels, divorce and unfaithfulness blights our land, dishonesty and greed are wrecking Parliament, lying and stealing is the norm, death and violence stalk the streets, our hospitals and ambulances are filthy, corruption is in every walk of public life and we are tearing our hair out and beating our breasts over a fag-end that disappeared down the sewer.
Are we really convinced that if we stop nubs being popped in drains, rape and murder will cease and the bankers and politicians will overnight become honest.”
by The Equaliser, NOTTINGRAD
Thursday, December 03 2009, 4:38PM
“I'm afraid Zero Tolerance will soon include Thought Crime and gulags if dropping a tiny bit of paper and tobacco is considered a "Crime"!
God Help us and save us from morons like Disillusioned and his creepy friends.
They would have manned the Concentration Camps in flash had they been around.”
by Mavis Vaughan, South London
Thursday, December 03 2009, 12:14PM
“It's only a small issue, but I wish Mr. Barton all the best in his personal battle against the monotony and mundanity of modern day governmentality. Fight the power!”
by Disillusioned, UK
Wednesday, December 02 2009, 11:14PM
“Zero tolerence!
Only by clamping down on petty offences can we start to tackle more serious crime. The message has to be understood, "No crimes, minor or major will be tolerated." Let`s have an enforcement of law and order and get out Country back on it`s feet.”
by Steve, Notts
Wednesday, December 02 2009, 10:28PM
“Whilst driving along yesterday my sat nav informed ¿beware speed camera speed limit 40 miles per hour, at the same time¿ on the radio reports come over of British and American forces gaining ground in Afghanistan, I park up and see men in peak caps hovering around near my parking meter. I walk through town and hear the whirl of the cameras and look up to see them spinning around spying on me. This reminds me of a book I was forced to read at school. The film was realistic too.”
by Doc, Farnborough Road
Wednesday, December 02 2009, 6:42PM
“Vicious Crimes Rises!
And posters here still are referring to a dropped fag end as a crime!
God Help Us.”
by The Equaliser, NOTTINGRAD
Wednesday, December 02 2009, 6:40PM
“outofletfield gedling . . .
If people realised that the English Bill of Rights states that we cannot have money taken off us by the Monarch (State) without a recourse to trial then these toytown lawyers that spout their creepy sycophant claptrap would shut up.
Do you want to live in a totalitarian hell?
This is how it begins . . . .”
by The Equaliser, NOTTINGRAD
Wednesday, December 02 2009, 5:34PM
“Don't Smoke. Filthy Habit.
But this case highlights the state we are in in Britain.
Murderers and Rapists running wild.
The streets full of blood, filth and vomit after the weekend boozing orgies fully supported by the lack of real concern by the authorities who wanted Nottingham to be a centre for "Night Life" and "Fun"!
Shops robbed to the point where they cannot afford the extortionate rates and charges imposed by the out-of-touch fools in power.
Cyclists swathing along the pavements. Drugs sold on every corner.
What do we have to combat this decline in civilisation?
PCSOs and Enforcement Officers whose eagle eyes miss not a trick.
Apparently this particular Guardian of the Law and Public Morals spotted the split second descent of a few centimetres of paper and vegetable matter as it left the depositors hand and went where polluted waters flow.
To join the filth of the previous night and the sodden leaves of winter on their journey to the sea!
We can feel safe in our beds at the thought of these able Destroyers of Evil protecting us from fates far worse than Death.”
by Doc, Farnborough Road
Wednesday, December 02 2009, 5:18PM
“What we have to be aware of is the way We are being divided by the toy-commies that are in the seats of local government.
Their sad lives are only made better in their own eyes if they can feel important!
Witness the guy who has just lost his case regarding parking his scooter on his own frontage. They make it up as they go along thinking that we are tethered cows just there for them to milk!
Enough is enough I say . . .
UP THE REVOLUTION!!!”