Fly-tippers caught after local people report cases to Ashford’s Environmental Enforcement team

Ashford’s Environmental Enforcement Team has praised the public for their continued support in helping them to clamp down on fly-tipping across the borough.

Fixed Penalty Notices (FPNs) have been issued in three cases following tip-offs from the public. Many of the leads that end with offenders being caught come from residents alerting the team to incidents by using the Report It page on the council's website.

“We are very grateful to members of the public who assist us in fighting the scourge of fly-tipping. These community-spirited residents are our eyes and ears on the ground,” said Cllr Matthew Forest, Portfolio Holder for Environment.

The Council takes the illegal dumping of waste very seriously and will issue fines against offenders and car owners involved in fly-tipping. Householders have a Duty of Care to ensure that they dispose of their household waste correctly. If you have bulk rubbish this can be disposed of at the local recycling centre or by arranging bulk collection services provided by Biffa. If you are caught fly-tipping using a vehicle then the registered keeper is liable and fines will be served.

Case 1: Caught in the act on mobile phone

A £400 Fixed Penalty Notice has been issued to the registered keeper of a vehicle involved in a fly-tipping incident in late June. The man was spotted dumping waste from the rear of his van onto land near Jubilee Fields in Tenterden.

An alert member of the public filmed the incident on their mobile phone and also provided a witness statement to assist in the Environmental Enforcement team’s investigation.

During interview under caution, the driver admitted the offence and told officers that a friend told him to dump the waste in the area believing it is used as a bonfire site. The land is owned by Ashford Borough Council and is not designated as a waste site. 

Case 2: Fly-tipper challenged by member of the public

The driver of a vehicle was spotted by a member of the public dumping rolls of carpet into a lay-by near Shadoxhurst in late evening in early July. When the culprit was confronted by the witness the driver quickly returned to his vehicle and sped away.

The Enforcement team obtained a witness statement and checks were carried out on the vehicle. The driver was interviewed under caution and admitted the offence, declaring that at the time they were in a rush after returning from having had a bad day at work and had forgotten to go to the tip.

It was discovered that the driver’s partner was actually the registered keeper of the vehicle used for the fly-tip and was totally unaware of the incident. Subsequently the partner was issued with a £400 FPN as the registered keeper of a vehicle that has been involved in a fly-tipping incident.  

The law states that if you are the registered keeper of a vehicle involved in fly-tipping you will face a fine or prosecution, even if you did not give instructions for it to be done or are unaware of it being used for that purpose. As the person who controls or is in the position to control the use of the vehicle, you shall be considered as knowingly causing the waste to be deposited.

Case 3: £50 paid to a man in a van to remove waste

The team investigated a report of fly-tipping made by a member of the public via the Clear Waste app. A large pile of household waste, including garden furniture, was dumped in a country lane near Bonnington.

Evidence was found within the fly-tip materials and the liable person at that address was invited to attend an interview under caution. During the interview the resident said he had paid £50 to a man in a van to remove various scrap metal items as well as the garden furniture and other items. The resident identified the waste was theirs when photographs were shown.

The householder failed to ask if the man held the authority from Ashford Borough Council to collect scrap metal and the authority to collect household waste from the Environment Agency. No invoice or receipt was obtained. For failing in their householder’s duty of care responsibilities for allowing an unregistered and non-authorised person to remove their waste, the man was issued with a £400 FPN.

If Fixed Penalty Notices are paid within 10 days the amount is reduced to £300.

Legal duty of care

Households and also businesses have a legal duty of care when it comes to what happens to their waste. In both of these most recent cases, the residents failed in carrying out checks to enquire if the waste collectors were registered with the Environmental Agency and inspected their authorised licence.

Beware rogue waste carriers

The team advise that fly-tippers often target households via social media or local advertising, luring customers in with cheap rates to dispose of unwanted furniture, building rubble or garden waste. But these unlicensed waste carriers often simply dump the waste wherever they can get away with it, including in Ashford’s country lanes.

Householders or small businesses found to be using these rogues to dispose of their waste can be prosecuted by Ashford Borough Council, with FPNs of up to £400 per offence. Failure to pay may result in court action. If using a commercial service, you should check whether someone is licensed to carry waste by calling the Environment Agency on 03708 506506 or by visiting their website. 

It also helps if householders receive a written receipt or transfer note, including contact details, description of waste removed and details of where the waste is being taken to.