Colchester City Council has warned residents that failing to pay a Fixed Penalty Notice (FPN) for fly-tipping can lead to prosecution, significantly higher financial penalties and other legal consequences.
The warning follows two recent cases heard at the Magistrates’ Court, which demonstrate the council’s approach to tackling fly-tipping and taking enforcement action against people who do not pay FPNs issued in connection with alleged offences.
More than £1,200 ordered in fines and costs
In the first case, a Colchester resident was issued with a Fixed Penalty Notice after being linked to an alleged fly-tipping offence involving several bags of waste.
The resident did not pay the FPN, resulting in the matter being taken to court. Following the court hearing, the resident was ordered to pay more than £1,200 in fines and costs.
The case demonstrates that failing to deal with an FPN does not bring enforcement action to an end. Instead, where a notice remains unpaid, the council can take further action through the courts. This can result in substantially greater costs for the person involved.
Fixed Penalty Notices are one of the measures available to local authorities when dealing with environmental offences. They are intended to provide a financial penalty without the need for a full prosecution in every case. However, ignoring a notice can result in the matter progressing further.
Arrest warrant issued after offender fails to attend court
A second case involved another Colchester resident who failed to pay a Fixed Penalty Notice relating to an alleged fly-tipping offence.
The resident also failed to attend court when required. As a result, a warrant for their arrest was subsequently issued.
The case highlights the potential legal consequences of failing to respond to enforcement action. The council has made clear that residents should not assume that ignoring an FPN or failing to attend court will bring proceedings to an end.
Councillor Martin Goss, Portfolio Holder for Waste, Neighbourhoods and Leisure, said:
Residents urged to dispose of waste responsibly
Colchester City Council is encouraging residents to take care when disposing of unwanted waste. Residents should make sure that waste is handled responsibly and should check that anyone they employ to remove rubbish on their behalf is authorised to do so.
This is particularly important when arranging for someone else to take away household or garden waste. Residents can face enforcement action if their waste is found to have been fly-tipped, depending on the circumstances and evidence available.
Fly-tipping can have a direct impact on local neighbourhoods. Dumped rubbish can make public areas unpleasant, create additional work for council services and result in costs to the taxpayer when waste has to be removed.
The council is therefore asking residents to play their part by disposing of waste through appropriate and lawful routes and by taking care when choosing a waste removal service.
How to report fly-tipping in Colchester
Residents who witness fly-tipping or discover dumped waste are encouraged to report it to Colchester City Council. Information provided by members of the public can help the council identify incidents and investigate potential offences.
Reports can be made through the Colchester City Council website.
The two recent court cases serve as a reminder that fly-tipping can lead to enforcement action and that Fixed Penalty Notices should not be ignored. Residents who receive an FPN should deal with it appropriately, while anyone using a waste removal service should ensure the person or company taking the waste is authorised to do so.
Colchester City Council says it will continue to investigate fly-tipping and, where appropriate, pursue further action against those responsible.
