1. The way the system works is that you will get this fixed fine from the Council but if you fail to pay it, then it will be followed by the issue of a Summons for the offence under the Litter Pollution Act, 1997. At any time before conviction, the prosecution can seek to amend the Summons. So if you raise the issue that this is really a case under some other subsection of Section 3, the prosecution can simply seek to amend the Summons. So an objection on the basis this offence is covered by subsection 3 will not get you anywhere should you make it. Accordingly, my simply advice to you is to pay the fine and don't repeat the process again. Be aware that you are not allowed to place your litter in someone elses litter bin. The idea is that all litter can be sourced and traced to the original owner.