“A lot” of problems for fly-tipper after council secures court prosecution

Published: Thursday, 29th April 2021

A fly-tipper who dumped waste at the entrance to the Walsall Road Allotments in Perry Barr has been ordered to pay £1,691 by Birmingham Magistrates’ Court today (April 29).

Robert Casserley, aged 41, of Rivington Crescent, New Oscott, was prosecuted by Birmingham City Council for three offences under the Environmental Protection Act 1990, related to the incident on January 28 last year.

The court heard that a security camera owned and operated by the allotment plotholders captured a man with a van attending the scene before the waste was then discovered. The van had a distinctive wheel and side mirror which indicated it was a Vauxhall Vivaro.

Amongst the waste found at the site, which included broken furniture, plastic sheeting, wooden boards and a builder’s sized sack containing various items, were documents with an address at Rivington Crescent. A visit was then made by council investigators to that address – where a Vauxhall Vivaro was spotted and then seen again on a number of subsequent occasions.

Casserley was identified as the registered keeper (and owner/user) of the van. As a consequence, he was contacted and sent two “Demand for Information” notices requesting details of the person in control of and driving the van on January 28 last year. Despite the demand being a legal request, he did not supply the requested information.

As a result of signage being spotted on the vehicle advertising a “Fab Fencing” business, Casserley was also asked to provide copies of his commercial waste transfer notes and details of his waste disposal practices, again things the operator of a business is legally required to do when asked.

Casserley responded to provide details of what he claimed he did with his waste but did not provide any waste transfer notes.

When in court Casserley said he had pulled up to urinate and dropped some bags on top of rubbish that was already in the location. He said it was a one-off mistake.

Despite his mitigation, in addition to a £833 fine he was ordered to pay £775 towards the council’s costs and an £83 victim surcharge.

Robert James, Director of Neighbourhoods at Birmingham City Council, said: “This case shows that environmental crimes that harm our communities will not be tolerated and that when the council has evidence, it will not hesitate to seek prosecutions.

“In this case it is clear an individual had no regard for their local area or the fact their actions were placing a strain on public resources.

“I hope it sends out a clear message to individuals and businesses that committing fly-tipping and related offences are risks not worth taking.”

Anyone with any information on cases of fly-tipping is urged to contact www.birmingham.gov.uk/flytipping

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