English district councils outside London can issue a civil penalty to the keeper of a vehicle from which litter was thrown, where the person who dropped it cannot be identified, according to Defra’s litter enforcement guidance. The penalty carries no criminal liability, the default amount is £100, and the keeper has 28 days to pay, or to make a formal representation.

Two routes for litter thrown from a vehicle

Section 87 of the Environmental Protection Act 1990 makes it an offence to throw down, drop or otherwise deposit litter in a place that is open to the air within a principal litter authority’s area and leave it. Defra’s guidance, issued under section 88B of that Act and applying to England, explains that for littering from a vehicle there are two routes. A fixed penalty notice can be issued to the specific person who dropped the litter, but only if the authority can identify who that was. Where it is not clear who in the vehicle did it, a civil penalty issued to the keeper may be more suitable. This guide covers England only; London litter authorities use a different power, a penalty charge notice under section 24 of the London Local Authorities Act 2007.

How the keeper penalty works

The guidance says district councils outside London can issue the civil penalty to a vehicle’s keeper. It is a civil fine, not a criminal penalty, so there is no risk of prosecution, and it is not an alternative to prosecution: an unpaid notice can be recovered as a civil debt or under a county court order. The keeper is presumed to be the registered keeper, although evidence can be provided to show that someone else kept the vehicle at the time, and liability rests with the keeper at the time of the offence. Officers must be satisfied on the balance of probabilities that litter was thrown from that vehicle onto land the authority must keep clear of litter and refuse.

Penalty amounts

Under the guidance, councils must set penalties within the ranges in the Environmental Offences (Fixed Penalties) (England) Regulations 2017, choosing a level that reflects local circumstances, including ability to pay. For littering from a vehicle the default penalty is £100 and the minimum full penalty is £65. The maximum equals the maximum fixed penalty for littering, which is £500, and the minimum discounted penalty is £50. The guidance says a court could fine up to £2,500 on conviction for littering.

Deadlines and what the notice must say

A penalty notice must set out the circumstances of the alleged offence, including the vehicle’s registration mark if known and a description of the litter. It must give 28 days from the date the notice is given to pay and state that the amount will double if it is not paid in that time. It must say that an unpaid penalty may be recovered in court, and give details of any early-payment discount for payment within 14 days, which must not be less than £50. It must also explain how to pay and that the recipient has the right to make representations.

Only one penalty for one offence

The guidance says that only one penalty can be issued for a single littering offence, either a civil penalty for littering from a vehicle or a fixed penalty under section 88. If a civil penalty is issued and paid, no further enforcement action may be taken against anybody for the same offence. If the notice is cancelled before payment, a fixed penalty may still be issued. Liability is discharged if, before payment, prosecution proceedings are brought against anyone or a fixed penalty is issued for the same offence, whether or not the prosecution succeeds.

Challenging a notice

Unlike a fixed penalty, a civil penalty gives no opportunity to defend the case in court, so authorities must provide a formal process. The guidance says the recipient can dispute a notice at two stages. Within 28 days of service, the recipient may make a formal representation in writing on one or more of the grounds in regulation 14 of the 2018 Regulations, which the guidance says number twelve. If the authority rejects the representation, the recipient may appeal against the notice of rejection to an independent adjudicator. Authorities should respond to representations as quickly as possible, with a maximum response time of 56 days. An authority that accepts a representation must cancel the notice and refund any sum paid.

Identifying the litterer afterwards

The guidance says that if a recipient later provides evidence about who threw the litter, the authority must consider whether that is reason enough to cancel the original penalty. The wider system of litter duties and offences is described in the guide to litter and refuse, and the separate offences for dumping waste are in the guide to fly-tipping and the law. Loads that fall from vehicles on the road are covered in the guide to securing a load.

FAQs

Can a council fine me if someone else in my car threw the litter?

In England outside London a district council can issue the civil penalty to the vehicle’s keeper where the litterer cannot be identified, and the keeper can make a representation, including by identifying the person responsible.

What happens if I do not pay within 28 days?

The guidance says the notice must state that the penalty doubles if unpaid after 28 days and that it may be recovered in court.

Is a civil penalty a criminal conviction?

No. The guidance says it is a civil fine that carries no criminal liability.

The bottom line

In England outside London, the keeper of a vehicle that litter was thrown from can receive a civil penalty when the litterer cannot be identified, with a default of £100, 28 days to pay and a formal representation and adjudicator appeal process. It is separate from fixed penalties issued to identified litterers and cannot be issued alongside them for the same offence. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• Defra, “Litter enforcement powers: when and how to use them”, GOV.UK
• legislation.gov.uk, “Environmental Protection Act 1990, section 87: Offence of leaving litter”

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