Successful prosecutions start the fight back against fly tipping

The Dorset Waste Partnership (DWP) has sent a strong message to those who break the law when dealing with their rubbish; waste crimes are actively being tackled, and you could end up with a fine or in court.

In recent weeks, DWP Enforcement Officers, aided by Dorset County Council’s (DCC) legal team, have successfully prosecuted three different people for crimes related to fly-tipping and duty of care.

Richard Moulding, 24 of Wimborne, had been advertising waste disposal and gardening services on Facebook in December 2017. The resident had contacted him to remove some waste during a house move. Mr. Moulding agreed a price of £30 and removed the waste in a small van. Mr Moulding did not provide a Waste Transfer Note (a receipt of what the waste consisted of, who picked it up and where it was going).  However, the resident did note the vehicle registration number of the vehicle Mr Moulding was using.

Two days later, a fly-tip was reported to the DWP in Colehill. Enforcement Officers investigated, found evidence linking the waste to the resident and subsequently traced Mr. Moulding a few weeks later.

After Mr. Moulding ignored a requirement from the DWP to attend an interview, Dorset Police officers arrested him. He denied collecting and fly-tipping the waste.

However, at Poole Magistrates Court on 11 October, Mr. Moulding pleaded guilty to Unauthorised Deposit of Controlled Waste (fly-tipping) and an offence of failure to provide information during the investigation (by failing to attend the interview.) He was fined £240 with costs awarded of £500. He was also ordered to pay compensation to the complainant of £30 and a victim surcharge of £30.

In March 2018 Kay Higton, 67 of Ferndown, was contacted by the DWP’sEnforcement Team as bin collection crews suspected large amounts of commercial waste were being produced at her home address. While Ms. Higton confirmed that a business was run from her premises, she failed to produce any waste transfer notes from a commercial waste service provider and was subsequently issued with a Fixed Penalty Notice (FPN) by enforcement officers.

The DWP then received a phone call from Ms. Higton who stated she would not pay the FPN and would be happy to go to court. Despite a further and final reminder to pay the FPN, Ms. Higton refused and was taken to court by the DWP and DCC.

Ms Higton pleaded not guilty but following a trial at Poole Magistrates Court on the 11 October, she was found guilty by the court of failing to produce the waste transfer notes as required. She was fined £600, costs awarded of £600 and paid a victim surcharge of £60.

In May 2018, DWP Enforcement Officers were on duty at the Ashley Heath Weighbridge on the A31. As part of a multi-agency operation, the officers were working with various partner agencies including the Dorset Police. People driving those vehicles carrying waste that were stopped by the police were then checked by DWP officers for appropriate licencing.

Alfred Leslie Wilks, 42 of Ringwood, was driving a Mazda van containing a large quantity of differing types of flooring and packaging that he confirmed was waste from his job as a floor layer. As he did not have a Waste Carriers Licence, he was issued with an FPN which he subsequently failed to pay.

On 4 October, Mr. Wilks was found guilty at Poole Magistrates Court in his absence, of having no Waste Carriers Licence. He was fined £400, cost awarded of £842.50 and a victim surcharge of £40.

Jeremy Gallagher, Enforcement Officer at the Dorset Waste Partnership, said:

“The DWP hopes that these successful prosecutions send a clear message to those people who try to dispose of waste illegally. But we also want members of the public, including business owners, to be aware of their duty of care when producing waste and/or handing it to somewhere else.

If you hand your waste to someone else for disposal, make sure they have a Waste Carriers Licence and get a Waste Transfer Note. If you operate a business, even if it’s based at home, and you produce waste, you need to have a commercial waste collection arranged. We’ve got lots of useful information as part of our anti-flytipping campaign, Tip-Off.

And remember – if the DWP issues you with an FPN and you fail to pay it in time, you could end up in court.”

You can find more information about the DWP’s Tip-Off campaign at Dorset For You.

Business owners can find out more about their duty of care when it comes to waste online.