Local Fly Tipper is caught and ordered to pay for their crime

January 22, 2020

FOLLOWING the report of a fly-tip at Marsh Road, Orby in May 2019, East Lindsey District Council's Enforcement team has successfully prosecuted the person responsible.

One of the Council's Environmental Crime Offices attended the fly-tip and seized evidence which enabled the Enforcement Team to carry out an investigation and identify the person responsible from the items in the fly-tip which included building materials such as fibreglass, polystyrene and tiles.

Harry Kerry of Trunch Lane, Chapel St Leonards failed to attend two pre-arranged formal interviews and failed to respond to a Notice under Section 108 of the Environment Act 1995, which compels the recipient to attend an interview to answer relevant questions in relation to an alleged offence involving controlled waste. For this reason the case was referred to the Court.

In December 2019 Mr Kerry failed to attend Boston Magistrates Court, however the Magistrates were satisfied with the evidence and the case went ahead in the accused absence. 

The Court imposed a fine of £440 for failing to comply with the Section 108 Notice and ordered to pay a victim surcharge of £44 and costs of £313.23. A total payable by the defendant of £797.23.

Portfolio Holder for Operational Services, Council Martin Foster said: "This case is a great example of how the community feels about fly-tipping; they won't put up with it and have felt so strongly that they've reported it to us and we have been able to deal with it successfully. Our Environmental Crime Officers are able to act swiftly to reports of fly-tips which helps in the collation of evidence for any fines or prosecutions. This is an issue we take very seriously and strongly encourage anybody who sees a fly tip, to report it to us".

Fly tips can be reported online at www.e-lindsey.gov.uk or at 01507 601111.