Fly-tipper prosecuted after non-payment of fine
31 October 2022
A fly-tipper from South Molton who dumped rubble outside a client's house has been prosecuted by North Devon Council after failing to pay a Fixed Penalty Notice (FPN).
Kenneth Gardener of Kingsway, South Molton, appeared at North and East Devon Magistrates' Court on Tuesday, 25 October where he pleaded guilty to fly-tipping offences from July 2021.
The court heard the 33-year-old had dumped waste outside an address in Victoria Street, Barnstaple on 9 July 2021 following a payment dispute with a client. The waste included significant amounts of rubble and slates and was blocking the public footpath and entry to the property.
Gardener was initially interviewed by council officers in August 2021 and was handed a £300 FPN after he admitted fly-tipping, not having a waste carrier licence and having no waste transfer notes, all of which are offences under the Environmental Protection Act 1990.
No payment was received from Gardener, prompting the council to seek prosecution.
Magistrates ordered Gardener to pay an increased £400 fine as well as a £40 victim surcharge and costs of £450.
Lead Member for the Environment at North Devon Council, Councillor Netti Pearson, says: "Fly-tipping is completely unacceptable; not only is it bad for the environment, but it also costs tax-payers a huge amount of money in clean-up costs. This prosecution shows that we take matters of fly-tipping seriously and it is a reminder that disposing of waste responsibly is cheaper than a fine, whether that is a Fixed Penalty Notice, or one issued by the courts."
As part of its Clear Messages campaign, the council’s Environmental Protection team wants to remind everyone of the responsibility we all have in keeping North Devon clean. This includes challenging and reporting those we see littering, fouling or fly-tipping; acting as a positive role model to our children, friends and relatives; reducing the amount we use and throw away and playing a part in clearing up and protecting our public spaces.
Prosecution for dumping waste can result in fines of up to £1000 or unlimited fines where a business is involved. Report littering, fly-tipping or other environmental offences online at northdevon.gov.uk/environment or email firstname.lastname@example.org. More guidance about fly-tipping and how to choose a registered waste carrier is on the council’s website northdevon.gov.uk/flytipping.