Fly-tipper prosecution successful

Published: 24 January 2020

London Road Fly Tip

Fly-tip at The Old Kwik Fit Site on London Road, Derby

Derby City Council has successfully prosecuted Matthew Smith of a Section 34 of the Environmental Protection Act 1990 offence.

On 2 April 2019 a fly-tip at The Old Kwik Fit Site on London Road Derby, was reported to the Environmental Protection Team by a member of the public who had witnessed the incident the day before.  The witness was able to provide information about the vehicle type and registration.

The waste at this location had a negative effect on the amenity value of the area and also would have encouraged others to fly tipped at that location as it was clearly seen from the roadside.

The investigation identified that a Matthew Smith (MJ Builders) of Harvey Road Derby was in the possession of the vehicle at the time of the offence, furthermore Mr Smith later advised that he could not drive the vehicle at the time of the offence and that he had paid somebody he met in the Navigation Pub cash to drive the vehicle and take the waste to the tip.

Matthew Smith attended Court and pleaded guilty to the offence, which imposes a duty of care on the person responsible for the waste to ensure it is disposed of legally. Mr Smith was sentenced with a fine of £370, victim surcharge of £17 and costs £740, totalling £1147.

Cllr Jonathan Smale, Cabinet Member for Neighbourhoods, Communities and Street Pride said:

This is another good result for our Environmental Protection team and an example that we can all help clean up our streets by reporting these activities if we see them. I’d like to thank the member of the public for their diligence and our teams for a successful prosecution. It is also a good reminder that our waste is our responsibility. You cannot simply pass the buck and not accepts the consequences.

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