Van will be handed back to fly-tipper
A WHITE van man who was was convicted of fly-tipping has won an appeal against the seizure of his vehicle.
A WHITE van man who was was convicted of fly-tipping has won an appeal against the seizure of his vehicle.Mark Timbers (45), of Herlington, Orton Malborne, Peterborough, was spotted fly-tipping twice within 12 hours by CCTV operators, in April last year.
Legal action taken by Peterborough City Council resulted in his white Ford Transit van being seized at Peterborough Magistrates’ Court in February this year.
However, Timbers immediately lodged an appeal and at Huntingdon Crown Court last Friday, a judge ruled that, due to the defendant’s “exceptional personal circumstances”, he could keep his van.
Instead of the vehicle confiscation, Timbers’ sentence was amended by doubling the amount of unpaid community work he must carry out from 40 hours to 80 hours.
When the case was originally heard by Peterborough Magistrates’ Court, Dipak Panchal, prosecuting on behalf of the city council, said CCTV operators saw the driver of a white Ford Transit van dumping carpets and old kitchen cupboards at the Orton Centre recycling site at about 5.30pm on April 17 last year, and again at about 5.30am the next morning.
Timbers was traced through his vehicle’s registration number and pleaded guilty to the offence of fly-tipping.
Fly-tipping carries a maximum fine of up to 50,000 or 12 months in prison if convicted in a magistrates’ court. In addition, a vehicle used in the commission of the offence can be seized and the person in control of the use of the vehicle held liable for the offence.
Householders have a legal duty of care to ensure that their waste is disposed of correctly or they could be liable to a fine of up to 5,000.
City council cabinet member for the environment and community safety Cllr Graham Murphy said: “I am a little disappointed that the judge chose to uphold the appeal, but that is in his gift on the evidence provided.
“I am, however, pleased that he decided to double the community service penalty.
“Fly-tipping is a serious crime against the quality of life enjoyed by our residents and people who commit these offences should expect to pay some kind of penalty.”
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Monday 15 March 2010
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