One family are not having a very merry Christmas after a five-year-old girl was asked to cough up a £1,000 fine, having been accused of fly-tipping. She has also been threatened with legal action if she does not pay the penalty.
A letter was sent to the girl’s home in Harrow, London, last month, on Wednesday, November 20, demanding that she pay up after a uniformed officer allegedly spotted her “committing the offence of fly-tipping”. She was advised the fixed penalty notice was payable within 14 days of receiving the letter.
Subsequently, when she still had not paid it by December 5, the council’s enforcement contractor APCOA, which stands for Airport Parking Corporation of America, sent another letter. This letter warned that legal action would be taken if the fixed penalty notice remained unpaid.
The second letter read: “According to our records you have not paid the penalty, therefore I am about to instruct the Council’s legal team to start court proceedings against you.”
The child’s father, who has asked to remain unnamed, has attempted to challenge the action against her, but has struggled to get the issue resolved, according to the Local Democracy Reporting Service at the Daily Express.
He has labelled the fine as “absurd”, suggesting that rubbish from overflowing communal bins at his apartment complex could be to blame for waste found on the street.
The irate father expressed his concern regarding the likely financial strain and the unnecessary anxiety it places on his young daughter, stating: “I am seriously concerned about the financial impact of this fine and it’s causing my daughter undue stress for her age.
“All I want is for this fine to be rescinded, or for there to at least be a clear process for appeals against fines such as this, as there seems to be no due process currently.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.”
He attempted to contest the action through the council website, but after 10 failed attempted to submit his details online, he sought help at an advice session at Harrow Library. However, he claims he was told to report it online, or call the local authority direct.
He then called the council and waited on hold for 40 minutes, only to be told they could not do anything about it, before hanging up on him. His daughter then received a stern final reminder dated December 5, threatening court action and a maximum fine of £2,500 if unpaid.
The issue reached Harrow Council Leader Paul Osborn who, in a meeting, said indignantly: “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.”
Following an investigation, a council spokesperson confirmed it is not their policy to fine children, and the fine had been rescinded by the town hall’s enforcement agent.
An APCOA spokesperson admitted the mistake, stating: “The Fixed Penalty Notice 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.”