Failure to cooperate in West End fly-tipping investigation costs resident £3,600
Roofing felt dumped in layby proves expensive for local resident
A fly-tipped load of roofing felt, that was dumped in an Eastleigh Borough layby, has proved expensive for a local resident who has been hit with fines and costs of more than £3,600 for failing to assist the Council with its investigation.
In September 2024, a car being used to dump the waste in the layby in Quob Lane in West End was spotted by one of the re-deployable trail cameras put in place by Eastleigh Borough Council’s Local Area Services team. The cameras are used to catch offenders in the act of fly-tipping and provide evidence for prosecution. The layby had been a fly-tipping hotspot for some months, with ten incidents over the previous year, despite warning signs put in place by the Council.
A resident of Eastleigh, who was linked to the vehicle used in the offence, was requested to attend the Council offices to assist the investigating officer with their investigation - which they failed to do. Due to the serious environmental impact of fly-tipping, the cost to the Council of clearing the waste and the amount of officer time needed to investigate the incident, the decision was made to prosecute them for failing to assist the Council with its enquiries.
The case was heard in December at Southampton Magistrates Court and the resident was found guilty, in their absence, of failing to assist the Council with their enquiries. They were fined £660, with a victim surcharge of £264. and were also ordered to pay the Council’s costs, with the total bill amounting to £3,633.
The cameras, and an updated raft of fines, were introduced in Summer 2024, aimed at making Eastleigh Borough a no-go zone for fly-tipping, littering and graffiti. Offenders can be hit with fixed penalties of up to £800, with householders who allow their rubbish to be dumped by unscrupulous contractors facing payments of up to £600.
Failure to assist the Council with its enquiries is covered by Sections 108 and 110 of the Environment Act 1995, whilst fly-tipping offences are covered by Section 33 and 34 and littering by Section 87 of the Environmental Protection Act 1990. Whilst the Council can levy fixed penalties, conviction via a criminal prosecution for fly-tipping remains an unlimited fine and/or imprisonment.
Eastleigh Borough residents can find out more about fly-tipping and how to report incidents and provide evidence at: www.eastleigh.gov.uk/fly-tipping.