Christchurch man fined £500 for 'flytipping'

The position taken by the council is at odds with the local authority watchdog which has expressed concerns that council's are disproportionately fining householders for seemingly innocent acts.

The Local Government and Social Care Ombudsman (LGO) has issued fresh guidance on how 'middle-class fly-tipping' should be handled following a number of incidents where councils have been accused of acting overzealously.

It comes as Christchurch resident Damian Quillan was fined £500 for leaving two cut up doors propped against his garden gate in readiness to take them to the tip.

He said the wooden doors, that had been sawn in two to make it easier to fit in his car, were left at the back of his house for four hours before he took them away.

In that time a council official spotted the items and took a photograph.

Mr Quillan was stunned when he received a £500 fine in the post with a letter accusing him of fly-tipping a week later.

It threatened him with criminal prosecution and a fine of up to £50,000 if he did not pay up.

Mr Quillan, a 56-year-old security officer, believes he is the latest victim of private 'environmental enforcement officers' who are patrolling suburban neighbourhoods looking for 'easy targets'.

They are accused of using householders as 'cash cows' rather than track down unscrupulous criminals who dump rubbish in back streets and the countryside.

Earlier this month single mother Isabelle Pepin, from Southbourne, was fined £500 by the same council after she left an Ikea cabinet outside her home for a passerby to take for free.

Mr Quillan, who works as a security officer, said he has no intention of paying his fine and is willing to take the matter to court to argue his case.

He said: "I am a hard working, law abiding citizen. I am not a fly-tipper.

"What I did is what thousands of other homeowners would do and have done.

"I had two internal doors changed and my son cut the old ones in half so it would be easier for me to take them to the tip.

"He left them propped up outside my back garden gate where my car was parked. We are talking about four wooden panels measuring 3ft by 2.5ft.

"They were ready for me to take to the local tip after I got up from working my nightshift. They were there for four hours before I put them in the back of my car and drove them to the tip.

"I didn't think anymore about it until I got a letter in the post from BCP Council telling me I was guilty of fly-tipping and I was being fined £500."

Both Mr Quillan and Miss Pepin were fined by officers working for Waste Investigations Support & Enforcement (WISE), a limited company based in Liverpool.

Its website boasts the firm has contracts with over 40 local authorities delivering 'professional and courteous' enforcement services.

In the letter on BCP Council-headed paper, they told Mr Quillan: "A recent inspection of the area...it was noted that the described waste was left at this location without authorisation. Please see attached pictures of dumped waste.

"Please could you provide a written explanation within seven days as to why this waste was found at this location. Failure to respond to this request may result in this matter being referred to our legal department for consideration of prosecution.

"I should point out that under the Environmental Protection Act, 1990 Section 33 the unauthorised deposit of controlled waste on to land is a criminal offence. Prosecution by either the Police or the Council, upon conviction, could result in a fine of up to £50,000."

It then stated his rights: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence."

He wrote an email appealing against the fine but received a reply telling him it had been rejected because he had admitted flytipping.

Mr Quillan said: "I have got no intention of paying. It is disgraceful and shouldn't be happening.

"Had I dumped the doors in a field or left them down a country with no intent of disposing of them then I would be flytipping.

"But I went to the trouble of having them cut in half and left propped up against my property near my my car. It would have been obvious to them what my intention was.

"This is happening all over the neighbourhood. They are going around looking for any opportunity to stitch people like me up and using us as cash cows.

"I am prepared to stand in front of a magistrate and explain the circumstances."

But Kieron Wilson, BCP Council's portfolio holder for housing and regulatory services, insisted people who leave unwanted items outside their homes were guilty of fly-tipping.

He said: "Fly-tipping is an issue for residents, and we are determined to tackle it to make sure our streets are clean and pleasant places to live. "The clear definition of fly-tipping is illegally depositing waste on to land without a licence to do so. That means, if you leave waste on land that isn’t yours, you risk a heavy fine.

"We encourage anyone who wants to leave items still in good condition for others to pick up and re-use, to do so on their own property. Our contractors only issue fines for items left on the public land, such as the road or pavement."

Kelly Deane, BCP Council's director of housing & communities, said: "Since April 2023, 73 fly tipping penalty notices have been issued, with 15 issued in the last month alone.

"Since April 2024, the council has increased fines for fly tipping to the maximum of £1,000, in line with Government legislation, showing a robust approach."

WISE have been approached for comment.