A Stockport student has appeared in court after dropping a Greggs bag in the town almost eleven years ago.
Grace Firth, 32, was unaware of her prosecution by Stockport Metropolitan Borough Council in August 2009. She didn't receive any paperwork, so didn't attend court and was convicted of littering in her absence.
Littering is an offence contrary to section 87 of the Environmental Protection Act 1990. It is a summary offence, which has a maximum penalty of a level 4 fine (currently £2,500). However, the offence is normally only prosecuted in those cases where the offender fails to pay a fixed penalty notice.
Firth was originally fined £185 for the offence and ordered to pay £180 towards prosecution costs and £15 victim surcharge.
The first time she became aware of the original proceedings was on 8th December 2019 when she received some paperwork in relation to the outstanding fine.
She attended Stockport Magistrates' Court on Tuesday, 25th February 2020 to make a statutory declaration, thus setting aside the original conviction and allowing the court to impose a more appropriate penalty.
Given the dates it would appear that the court has allowed her to make the declaration outside the normal 21 day time limit.
Firth told Magistrates that she had no knowledge of the original proceedings, as she had moved away from her mother's property where any correspondence would have been sent.
"Any mail for me was returned to sender or thrown away," she told the court.
Magistrates accepted her explanation and re-sentenced her for the August 2009 offence.
Edward Tasker, Presiding Justice, told her: "You've been very fair and very honest," before reducing her fine to £40 plus the £15 victim surcharge.
"Thank you for being so honest and for turning up," he added.
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