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- Grounds of appeal - Littering from a vehicle
These are the only grounds - or reasons - on which you may appeal against a Penalty Charge Notice issued for littering from a vehicle
- The vehicle (definition includes pedicabs) is:
- a public service vehicle, within the meaning of the Public Passenger Vehicles Act 1981; or
- a hackney carriage licensed under the Town Police Clauses Act 1847 or the Metropolitan Public Carriage Act 1869; or
- a private hire vehicle licensed under the Private Hire Vehicles (London) Act 1998; or
- a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976
and the person acting in contravention of section 87 of the Environmental Protection Act 1990 is a passenger in that vehicle;
- The recipient:
- Never was the owner of the vehicle in question; or
- Had ceased to be it's owner before the date on which the penalty charge became payable; or
- Became it's owner after that date;
- No person inside the vehicle acted in contravention of section 87 of the Environmental Protection Act 1990
- At the time the alleged contravention took place the person who was in control of the vehicle was in control without the consent of the owner;
- (except in the case of a pedicab) The recipient is a vehicle hire firm and –
- the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; or
- the person hiring it had signed a statement of liability acknowledging liability in respect of any penalty notice
issued in respect of the vehicle during the currency of the hiring agreement;
- The penalty charge exceeded the amount applicable in the circumstances of the case.