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#985570 - 3rd Oct 2015 4:48pm Litter Police : Clean Neighbourhoods Act 2005
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20959
Loc: Wirral
Clean Neighbourhoods and Environment Act 2005

This is a spin off from the Littering Fixed Penalty Topic Click Me

So if your caught littering it looks like the advice is pay up, and give your details.
But obviously check they are an official and not a fake / scammer.
You can video and take pictures of them, read this first. http://content.met.police.uk/Site/photographyadvice




  • Litter Police : Summary
  • penalty notices may be issued to children aged 10 or over, as well as to adults.
    This page states the age of 10 and above Click Me
    Found the page thanks to DD post later in this thread Click Me
  • Who can nab you ?
    Litter authority authorised officers, including persons not employed by the local authority (includes parish councils, National Park authorities and the Broads Authority)
    Accredited persons - litter wardens
    Police community support officers (PCSOs)
    Power to photograph persons given a penalty notice
  • Because you have :
    throw down, drop or otherwise deposit and leave litter in any place open to the air is a criminal offence, even when dropped on private land or water.
  • And you will be charged under :
    Section 87 of the Environmental Protection Act 1990 (EPA), as amended by the Clean Neighbourhoods and Environment Act 2005, makes it an offence to drop, throw or deposit and leave litter anywhere.
  • And your issued with a fine under :
    Section 88 of the EPA gives the power to issue a fixed penalty notice

  • Power to require name and address Source
    (1)If an authorised officer of a local authority proposes to give a person a notice under section 6, the officer may require the person to give him his name and address.
    (2)A person commits an offence if—
    (a)he fails to give his name and address when required to do so under subsection (1), or
    (b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
    (3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
WOW This Could Save many people a fine ?? happy
Originally Posted By: diggingdeeper


The government has not lifted its FPN guidelines which states ...
Quote:
Give offenders the chance to pick up litter before you issue an FPN. Warn them that you will issue an FPN if they don’t.


SOURCE


Click to reveal.. (Section-6)
Power to give fixed penalty notices

(1)Where on any occasion an authorised officer of a local authority has reason to believe that a person has committed an offence under section 3 or 4 in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the local authority.
(2)Where a person is given a notice under this section in respect of an offence—
(a)no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
(b)he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(4)A notice under this section must also state—
(a)the period during which, by virtue of subsection (2), proceedings will not be taken for the offence;
(b)the amount of the fixed penalty; and
(c)the person to whom and the address at which the fixed penalty may be paid.
(5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) at the address so mentioned.
(6)Where a letter is sent in accordance with subsection (5) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(7)The form of a notice under this section is to be such as the appropriate person may by order prescribe.
(8)The fixed penalty payable to a local authority under this section is, subject to subsection (9), £100.
(9)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (8).
(10)The local authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
(11)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10).
(12)In any proceedings a certificate which—
(a)purports to be signed on behalf of the chief finance officer of the local authority, and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,is evidence of the facts stated.
(13)In this section “chief finance officer”, in relation to a local authority, means the person having responsibility for the financial affairs of the authority.

http://www.legislation.gov.uk/ukpga/2005/16/section/6


Click to reveal.. (Section-87)

Extension of litter offence to all open places
In section 87 of the Environmental Protection Act 1990 (c. 43) (offence of leaving litter), for subsections (1) to (4) substitute—
“(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.
(2)This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below.
(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.
(4)It is immaterial for the purposes of this section whether the litter is deposited on land or in water.
(4A)No offence is committed under subsection (1) above where the depositing of the litter is—
(a)authorised by law; or
(b)done by or with the consent of the owner, occupier or other person having control of the place where it is deposited.
(4B)A person may only give consent under subsection (4A)(b) above in relation to the depositing of litter in a lake or pond or watercourse if he is the owner, occupier or other person having control of—
(a)all the land adjoining that lake or pond or watercourse; and
(b)all the land through or into which water in that lake or pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer.
(4C)In subsection (4B) above, “lake or pond”, “watercourse” and “public sewer” have the same meanings as in section 104 of the Water Resources Act 1991.”

http://www.legislation.gov.uk/ukpga/2005/16/section/18


Click to reveal.. (Section-88)
Litter offence: fixed penalty notices
(1)Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter) is amended as follows.
(2)For subsections (6) and (7) (amount of fixed penalty) substitute—
“(6)The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice.
(6A)The amount of a fixed penalty payable in pursuance of a notice under this section—
(a)is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or
(b)if no amount is so specified, is £75.
(6B)The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council.
(7)The litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.”
(3)After subsection (8) insert—
“(8A)If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address.
(8B)A person commits an offence if—
(a)he fails to give his name and address when required to do so under subsection (8A) above, or
(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
(8C)A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(4)In subsection (9), at the end insert—
“(f)a parish or community council.”
(5)In subsection (10), for the definition of “authorised officer” substitute—““authorised officer”, in relation to a litter authority, means—
(a)an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section;
(b)any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and
(c)any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;”.
(6)After that subsection insert—
“(11)The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under this section.”

http://www.legislation.gov.uk/ukpga/2005/16/section/19


Environmental Protection Act 1990 Section 88 Click Me
Environmental Protection Act 1990 Table of Contents Click Me


Other orders covered by this Clean Neighbourhoods and Environment Act 2005 Click me


Table of Contents Clean Neighbourhoods and Environment Act 2005
Part 1 Crime and disorder
1.Crime and disorder reduction strategies
2.Gating orders
Collapse -Part 2 Vehicles
Nuisance parking offences
3.Exposing vehicles for Sale on a road
4.Repairing vehicles on a road
5.Liability of directors etc
Nuisance parking offences: fixed penalty notices
6.Power to give fixed penalty notices
7.Power to require name and address
8.Use of fixed penalty receipts
9.Fixed penalty notices: supplementary
Abandoned vehicles
10.Offence of abandoning a vehicle: fixed penalty notices
11.Notice of removal
12.Disposal
13.Guidance
14.Abandoned vehicles: supplementary
Illegally parked vehicles etc
15.Notice of removal
16.Disposal
17.Guidance
Collapse -Part 3 Litter and refuse
Offence of dropping litter
18.Extension of litter offence to all open places
19.Litter offence: fixed penalty notices
Local authority notices
20.Litter clearing notices
21.Street litter control notices
22.Failure to comply with notice: fixed penalty notices
Free distribution of printed matter
23.Controls on free distribution of printed matter
General
24.Fixed penalty notices: common provision
25.Exclusion of liability
26.“Appropriate person”
27.“Litter”
Collapse -Part 4 Graffiti and other defacement
Graffiti and fly-posting
28.Fixed penalty notices: amount of fixed penalty
29.Fixed penalty notices: power to require name and address
30.Fixed penalty notices: authorised officers
31.Extension of graffiti removal notices to fly-posting
32.Sale of aerosol paint to children
Advertisements
33.Unlawful display of advertisements: defences
34.Removal of placards and posters
Collapse -Part 5 Waste
Chapter 1 Transport of waste
35.Unregistered transport: defence of acting under employer's instructions
36.Registration requirements and conditions
37.Enforcement powers
38.Failure to produce authority: fixed penalty notices
39.Interpretation
Chapter 2 Deposit and disposal of waste
Offence of unlawful deposit of waste etc
40.Defence of acting under employer's instructions
41.Penalties on conviction
42.Investigation and enforcement costs
43.Clean-up costs
44.Forfeiture of vehicles
Offences relating to documentation
45.Failure to furnish documentation: fixed penalty notices
Offences: powers of seizure
46.Power to search and seize vehicles
Local authority waste collection and disposal
47.Abolition of requirement to contract out waste disposal functions
48.Offences relating to waste receptacles: fixed penalty notices
49.Payments for waste recycling and disposal
50.Power to require owner of land to remove waste
Supplementary
51.“Appropriate person”
52.Use of fixed penalty receipts
53.Supplementary enforcement powers
Chapter 3 Site waste
54.Site waste management plans
Collapse -Part 6 Dogs
Chapter 1 Controls on dogs
Dog control orders
55.Power to make dog control orders
56.Dog control orders: supplementary
57.Land to which Chapter 1 applies
58.Primary and secondary authorities
Fixed penalty notices
59.Fixed penalty notices
60.Amount of fixed penalties
61.Power to require name and address
62.Community support officers etc
Supplementary
63.Overlapping powers
64.Byelaws
65.Dogs (Fouling of Land) Act 1996
General
66.“Appropriate person”
67.Regulations and orders
Chapter 2 Stray dogs
68.Termination of police responsibility for stray dogs
Collapse -Part 7 Noise
Chapter 1 Audible intruder alarms
Alarm notification areas
69.Designation of alarm notification areas
70.Withdrawal of designation
71.Notification of nominated key-holders
72.Nomination of key-holders
73.Offences under section 71: fixed penalty notices
74.Amount of fixed penalty
75.Use of fixed penalty receipts
76.Fixed penalty notices: power to require name and address
Powers in relation to alarms
77.Power of entry
78.Warrant to enter premises by force
79.Powers of entry: supplementary
Supplementary
80.Orders and regulations
81.Interpretation
Chapter 2 General
Noise from premises
82.Noise offences: fixed penalty notices
83.Noise offences: use of fixed penalty receipts
84.Extension of Noise Act 1996 to licensed premises etc
85.Noise Act 1996: supplementary
Statutory noise nuisances
86.Deferral of duty to serve abatement notice
Collapse -Part 8 Architecture and the built environment
Commission for Architecture and the Built Environment
87.The Commission for Architecture and the Built Environment
88.General functions of the Commission
89.Changes to functions of the Commission
90.Power to dissolve the Commission
91.Dissolution of the old Commission
92.Transfer of staff, property etc
93.Tax
Financial assistance
94.Architecture and the built environment: financial assistance
Supplementary
95.Orders
Collapse -Part 9 Miscellaneous
Use of fixed penalty receipts
96.Use of fixed penalty receipts: higher tier authorities
97.Use of fixed penalty receipts: lower tier authorities
98.Sections 96 and 97: supplementary
Shopping and luggage trolleys
99.Abandoned shopping and luggage trolleys
100.Section 99: transitional provision
Statutory nuisances
101.Statutory nuisance: insects
102.Statutory nuisance: lighting
103.Sections 101 and 102: supplementary
Pollution
104.Contaminated land: appeals against remediation notices
105.Offences relating to pollution etc: penalties on conviction
Collapse -Part 10 General
106.Minor and consequential amendments
107.Repeals
108.Commencement
109.Money
110.Extent
111.Short title

- - - - -

I consider myself informed and freshly educated to all the changes.
But do be aware of false officials impersonating these officers.


Edited by Mark (8th Oct 2015 11:27am)
Edit Reason: updated
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#985588 - 3rd Oct 2015 11:42pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
sean99789 Offline
Old Hand

Registered: 13th Apr 2011
Posts: 308
Loc: oxton
So with number 4 on the table at the bottom how do we change a flat tyre ?

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#985594 - 4th Oct 2015 9:49am Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
ludwigvan Offline
Forum Addict

Registered: 6th Jan 2010
Posts: 1129
Loc: Middle Earth
The litter police would have had a field day yesterday evening on the lower Oxton field at the side of Aldi in Prenton. I walked our dog there this morning and the area around the exercise equipment, bicycle track and even inside the fenced off kiddies playground was strewn with litter of all kinds and there are three bins in the immediate area that they have to pass to leave the field, all of which were empty. Judging by the litter the offenders were children/youths, wouldn't it be good if one of the group leaders said, "Look, this isn't right, let's tidy up", but I suppose that's not regarded as "cool". Luckily the area is blessed by a local resident who takes it upon himself to clean up the litter every morning, also a few of the regular dog walkers and myself take carrier bags to pick up glass bottles to prevent injury to our dogs and children, but we shouldn't have to. It certainly makes a dropped cigarette butt pale into insignificance.

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#985623 - 4th Oct 2015 4:16pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
nidgynoo Offline
Addict

Registered: 28th Feb 2011
Posts: 292
Loc: wallasey
It says you can be fined for dropping litter on private land. So if I drop some on my drive, I'm done for? tease

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#985628 - 4th Oct 2015 5:14pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9555
Loc: Birkenhead
It comes under the environmental protection act so littering any outdoor property without the landowner's permission is an offence.

The relevant part of the act is written in relatively clear English compared to many other acts.

CLICKY

_________________________
In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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#985630 - 4th Oct 2015 5:28pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: nidgynoo]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20959
Loc: Wirral
Originally Posted By: nidgynoo
It says you can be fined for dropping litter on private land. So if I drop some on my drive, I'm done for? tease



If it blows onto public i guess.

I think that is more for say rubbish in gardens or even commercial reasons like mcdonald's and such.

They would normally need video evidence as proof i guess, where as mcdonald's has logos.
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#985671 - 4th Oct 2015 9:27pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
fish5133 Offline
Forum Master

Registered: 22nd Mar 2010
Posts: 2569
Loc: Heswallish
Followed by one on west Kirby beach towards red rocks this evening. Probably Saw we were eating ice cream cones and heading away from the bins. Was going to throw apiece to the seagulls glad I didn't now. I know some people don't eat all the cone --wonder if he would have done me if I had crushed the end of the cone into tiny pieces --is there a minimum size that constitutes litter.

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#985673 - 4th Oct 2015 9:42pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
boblundell Offline
Newbeee

Registered: 18th Sep 2013
Posts: 12
Loc: Wallasey
Sorry, I don't get this. Don't drop litter. It's lazy, antisocial, disrespectful. Then you don't need to look in case someone is watching you, or memorise an act of parliament, or look for some technical loophole. All of which is harder and more time consuming than just not dropping litter in the first place.

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#985677 - 4th Oct 2015 9:57pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: boblundell]
fish5133 Offline
Forum Master

Registered: 22nd Mar 2010
Posts: 2569
Loc: Heswallish
Originally Posted By: boblundell
Sorry, I don't get this. Don't drop litter. It's lazy, antisocial, disrespectful. Then you don't need to look in case someone is watching you, or memorise an act of parliament, or look for some technical loophole. All of which is harder and more time consuming than just not dropping litter in the first place.


Quite agree but would you be upset if you were fined for feeding the ducks with bread at the park or throwing peanuts for the squirrels or an apple core into a hedge in the country. Think the arguments are more over the targeting of people who for so long (because of no prosecutions) have thought it ok to stub out a fag end on the pavement and walk on. Its also the fact I don't specifically want to be followed by someone filming me --in the hope that I might litter--had I thrown a piece to the seagull could I be prosecuted if it didn't eat it and it fell on the sand.



Edited by fish5133 (4th Oct 2015 9:59pm)

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#985819 - 6th Oct 2015 1:22am Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: fish5133]
boblundell Offline
Newbeee

Registered: 18th Sep 2013
Posts: 12
Loc: Wallasey
I expect the park pond will have an indication as to whether or not to feed the ducks - and often there is a problem of uneaten bread floating on the surface, which is an eyesore an attracts rats. And come on, how many people do you see walking down the street throwing peanuts to squirrels?! As for seagulls, they are a serious nuisance in many areas precisely because people feed them. But all of this is just looking for pernickity little ways to criticise legislation intended to stop something that is lazy, antisocial and disrespectful.

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#986048 - 7th Oct 2015 7:26pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
keving Offline
Smartchild

Registered: 18th Apr 2011
Posts: 628
Loc: wirral
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.

Don't get me wrong, i'm not condoning littering.

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#986053 - 7th Oct 2015 7:42pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
Martin1943 Offline
Addict

Registered: 26th Jan 2011
Posts: 252
Loc: Moreton
As usual it's not been thought through. Of course its antisocial to have a vehicle in the road for months "under repair". However a tyre change should be allowed as "emergency"; it would be laughed out of court. What about the "tyres on the drive" companies who will replace tyres at, or outside, ones house? How about the Kids who discard their tinnies in the road or peoples gardens?
It's all associated with reasonableness, its the discarding of rubbish that should be stopped. not legitimate actions which leave no mess behind.
No worries there aren't enough police anyway and the litter "operatives" only come out in daylight

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#986054 - 7th Oct 2015 7:56pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: keving]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20959
Loc: Wirral
Originally Posted By: keving
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.

Don't get me wrong, i'm not condoning littering.


IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.

Personally it all stinks for me

I guess there will be a Wirral Most wanted web page lol and a reward to grass up the individuals caught on camera.
Probably no reward but hey ho. . . . That's business
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#986066 - 7th Oct 2015 8:46pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
keving Offline
Smartchild

Registered: 18th Apr 2011
Posts: 628
Loc: wirral
Originally Posted By: Mark
Originally Posted By: keving
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.

Don't get me wrong, i'm not condoning littering.


IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.

Personally it all stinks for me

I guess there will be a Wirral Most wanted web page lol and a reward to grass up the individuals caught on camera.
Probably no reward but hey ho. . . . That's business


I don't drop litter and never have. But i'd be quite tempted to do so in front of one of these "enforcers" just to ignore them when confronted haha.

If I knock his little book from his hands, so he DROPS it, is he then committing an offence ?!

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#986071 - 7th Oct 2015 9:10pm Re: Litter Police : Clean Neighbourhoods Act 2005 [Re: Mark]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9555
Loc: Birkenhead
Originally Posted By: Mark
IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.


Not entirely true, they do not carry warrants and so it can't be an offence to refuse to give details, however ..... they can ask for assistance from the police and detain you until the police arrive (as can any citizen), government guidelines state that this can be up to 30 minutes.

Further details on a couple of other points raised......

To issue a fixed penalty notice on private land they should first ask for permission of the landowner or occupier.

The government has not lifted its FPN guidelines which states ...
Quote:
Give offenders the chance to pick up litter before you issue an FPN. Warn them that you will issue an FPN if they don’t.


SOURCE
_________________________
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New Wirral Info
Vet help
by colin86
Yesterday at 06:25 PM
Gymnastics coaches needed.
by margy
3rd Dec 2016 9:28pm
Wirral Globe
by locomotive
1st Dec 2016 6:25pm
Wirral TUC Meeting re Update on Wallasey CLP Suspe
by RUDEBOX
30th Nov 2016 9:16pm
World Aids Day Event 2016. Liverpool
by RUDEBOX
30th Nov 2016 9:05pm
News : New Topics
RIP Peter Vaughan
by diggingdeeper
Today at 04:22 AM
That was kept a bit quiet?
by venice
Yesterday at 11:25 AM
Another tree down on Arrowe park Road?
by Davefabo
Yesterday at 11:08 AM
Bunchems Xmas present warning
by venice
Yesterday at 09:28 AM
Another Big Waste Fire in Liverpool.
by Wally1
4th Dec 2016 10:24am
New Enthusiast Forums
Mobile mechanic needed to fit a wishbone
by anniebo28
Yesterday at 07:13 PM
Game shocking prices!!!
by eddtheduck
5th Dec 2016 4:55pm
54 plate renault clio 3rd brake light
by Mike72
1st Dec 2016 12:52pm
Raspberry Pi in the classroom!
by FelixCowden
30th Nov 2016 9:27pm
crop loss & water rationing in Dominican Republic
by FelixCowden
30th Nov 2016 8:46pm
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Vet help 152
Another tree down on Arrowe park Road? 130
That was kept a bit quiet? 78
Gaming chair 34
Mobile mechanic needed to fit a wishbone 31
RIP Peter Vaughan 13
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