Successful fly-tipping prosecution

Published : 12/08/2019

Ashford Borough Council has successfully prosecuted a woman involved in an incident where domestic rubbish was found dumped in a country lane. Kayleigh Louise Wigman has been fined £1,000 and ordered to pay costs of £1,251.50 by magistrates.

Responding to reports in January 2019 about three separate fly-tips of rubbish in Criol Lane, north of Shadoxhurst, near Ashford, council staff visited the site and sifted through the domestic waste. They found items identifying a Kayleigh Louise Wigman.

Officers then issued two Section 108 Notices to Kayleigh Louise Wigman requesting information as to how these items came to be dumped in Criol Lane. Wigman did not respond or assist Ashford Borough Council with their inquiries. This is a criminal offence.

At Canterbury Magistrates Court on 23 July, lawyers representing the council brought two charges against Kayleigh Louise Wigman. They were:

1.On or around 17 January 2019 the defendant, failed without reasonable excuse, to comply with a requirement under section 108 (4) (j) of the Environment Act 1995, a requirement that was detailed in a Notice dated 3 January 2019 served on the defendant by Ashford Borough Council and was to be complied with within 14 days of the date of the Notice, namely a requirement to provide information in respect of items addressed to the defendant that were contained within an unauthorised  or harmful deposit, treatment or disposal of waste, information that was relevant to an examination or investigation taking place  under section 108 (4) (c) of the Environment Act 1995,  contrary to section 110 (2) (a) of the Environment Act 1995.       

2.On or around 4 February 2019 the defendant, failed without reasonable excuse, to comply with a requirement under section 108 (4) (j) of the Environment Act 1995, a requirement that was detailed in a Notice dated 21 January 2019 served on the defendant by Ashford Borough Council and was to be complied with within 14 days of the date of the Notice, namely a requirement to provide information in respect of items addressed to the defendant that were contained within an unauthorised  or harmful deposit, treatment or disposal of waste, information that was relevant to an examination or investigation taking place  under section 108 (4) (c) of the Environment Act 1995,  contrary to section 110 (2) (a) of the Environment Act 1995

Wigman did not attend court, so an application to prove in absence was made by the council. The case was proved and the defendant found guilty on both charges.

She was fined £500 for each offence, making a total of £1,000. An application for costs was made and approved by the court. The total was £1,251.50, included investigation costs, clear up costs of rubbish and legal costs for bringing case. A victim surcharge was applied by the court.

Cllr Andrew Buchanan, portfolio holder for Environment and Land Management, praised council staff working across three departments for their diligence and professionalism in investigating the case and bringing the successful prosecution.

“We have a zero-tolerance attitude towards fly-tipping. It is a scourge of the countryside and we are determined to do all we can to stamp it out. This case demonstrates that, where we have sufficient evidence, the council will have no hesitation in pursuing people through the courts.”   

If anyone has information about fly-tipping, please contact www.ashford.gov.uk/report