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BBC News
05-07-2025
- BBC News
'It's got to be stopped' - why are people getting fly-tipping penalties?
When Anna Gilkinson's garden bench broke, she thought she would be helping the environment by putting it out for the scrap man to collect and never expected to have two uniformed officers come to her home and accuse her of fly-tipping, then receive a letter demanding £500."I was in shock," Anna said. "It was sat outside for 24 hours, maybe 48 hours at the most, and the scrap man was on his way here to collect it."Anna is one of numerous people to receive fixed penalty notices (FPNs) for alleged fly-tipping from a private enforcement company called Waste Investigations Support and Enforcement (WISE).The company says it works with more than 40 councils across England, including in Broxtowe Borough Council in Nottinghamshire, where Anna makes money by issuing FPNs, because the local authorities allow it to keep a percentage of whatever people pay. WISE began a 12-month trial in Broxtowe in April, and residents there have already been complaining that they feel they have been unfairly accused of include Frank Brown, who said he had been asked to pay £500 because he left two bags of sand - which he was still using - on a grass verge in FPN has now been cancelled following publicity about his case this week, but he is concerned other people are being "bullied" into paying."I think it's outrageous; it's definitely got to be stopped," said cases include a man in nearby Bramcote, who was asked to pay £1,000 because he left a bag of garden waste on a grass verge before taking it to the Castledine said his encounter with the WISE officers was "baffling"."They seemed a bit heavy-handed for a bag of garden waste," he said. "You would think it was nuclear waste the way things were going on."So why are people receiving these demands for money, and what should people do? What does WISE do? WISE is a private company, which works with councils across England to enforce environmental and anti-social behaviour offences, including littering, dog fouling, fly-tipping and like these were traditionally enforced by council staff, but some authorities now use contractors such as WISE in order to save its website, WISE says it offers its services using a "cost-neutral model", which means the council does not have to pay WISE makes money by retaining some of the revenue from its website, it claims to have "an impressive 79% payment rate". Is it an offence to leave out scrap? Anna said she had left her broken bench on a pavement next to her garden said her husband had arranged for a scrap man to collect it - and the scrap man has confirmed to the BBC that this was the two WISE officers spotted the bench before the scrap man had a chance to pick it up. Anna was not at home when the officers knocked on her door, so they initially spoke to her mother."They said they were placing her under caution for fly-tipping and she had to pay a £500 fine," said Anna."My mum felt very intimidated, she didn't know who these people were."Anna then returned home and spoke to the WISE officers herself, along with the scrap man and his colleague, who had arrived to collect the a video filmed by the scrap man, he told the WISE officers he had put the bench in his truck and was taking it away. But despite this, Anna received a £500 FPN in the post accusing her of Orlik, a solicitor who specialises in highways, said temporarily leaving scrap on a pavement could be an offence under the Environmental Protection Act 1990."The legislation does not say that the waste can be left in the street, for however short a period," he he said the fine would likely be very small if someone were to be convicted in court."I think that the magistrates would impose a nominal fine, but this has to be speculation," he said. Is leaving garden waste on a verge illegal? Adam left a bag of garden waste on a grass verge next to his back said he had planned to take it to the tip but the bag was too heavy to lift into his car, so he was waiting for a neighbour to help had been there for a day and a half when two WISE officers knocked at his door."They were almost like doormen-type people, just going on about all these laws, saying I could be in a lot of trouble," said said he asked if they could help him lift the bag into his car, but they declined, so he dragged it back into his officers returned the following day, when there was nobody at home, then again the day after, when they issued Adam's wife with a £1,000 fixed penalty notice for fly-tipping."I can't see how it's fly-tipping," Adam said. "I get clamping down on fly-tipping when people are dumping beer bottles and mattresses and stuff, but that just seems ludicrous."Michael Orlik said temporarily leaving a bag of garden waste on a verge could be an offence under the Environmental Protection Act he said the fine would likely be nominal if the case went to court. Can people challenge the FPNs? FPNs are sometimes referred to as "fines", but they are intended to be an alternative to prosecution for minor offer people the option of paying the fixed penalty, and therefore discharging their liability for the offence, rather than being taken to court and potentially getting a criminal can appeal against their FPNs by contacting WISE, but Anna said she had had difficulties getting a response."I've tried several times to ring them, couldn't get through to anybody, I got an answer machine telling me that their message box was full and couldn't take any more messages," she emailed WISE but said it had taken eight days for anyone to respond."I received a response to the email telling me they want proof it was a booked-in scrap collection, proof of the scrap man's licences and all the paperwork, which I don't have," she said."You don't get a receipt for a scrap collection, most people just leave it outside."People can ultimately challenge FPNs by not paying them and waiting to see if they get taken to the fly-tipping FPNs issued by WISE warn people: "The maximum penalty at a magistrates court for this offence is £50,000."This has worried Adam, who does not know what to said: "I assume it's going to have to be paid or fought in court, but if a judge gets out the wrong side of bed and sides with them, who has got £50,000?" However, Michael Orlik said the wording on the FPNs was misleading,"The notice says that the maximum fine is £50,000, which is correct, but that sort of fine would not be imposed by a court for a minor offence," he said."The notice is intended to intimidate people into paying up. It should say that the maximum fine in the most serious cases is £50,000." What has WISE said? The BBC contacted both Broxtowe Borough Council and WISE, and a joint statement was issued in said the council had partnered with the environmental enforcement agency "to deal with fly-tipping and littering across the borough"."This collaborative effort is in direct response to feedback from residents during the annual budget consultation process, highlighting concerns over declining street cleanliness," it added."Despite previous initiatives focused on education and community engagement, the council recognised that more targeted action is necessary to maintain the cleanliness of the borough."The BBC asked how the money from the FPNs was response, the statement said: "The financial information contained within the contract is commercially sensitive information and therefore, we are unable to disclose this information."On appeals against FPNs, the statement added: "If residents are dissatisfied with the decision, they can submit a representation through WISE and ask that the council review."This challenge will then be reviewed by senior officers at the council."The statement said the council and WISE were unable to comment on individual cases."However, the council remains committed to listening to feedback from residents throughout the trial period of the arrangement, which will be reviewed after 12 months," they added.
Daily Mail
02-07-2025
- Daily Mail
Furious builder is fined £500 by council busybody for flytipping after he left two empty sacks on grass verge while renovating house
An angry builder has been handed a £6,500 fine for flytipping - after renovating a home but leaving two empty sacks on a grass verge. Frank Brown, 63, has hit out after receiving the penalty - saying he put the heavy-duty bags on the patch of land to avoid blocking the driveway where he was working. The sacks, containing a few inches of sand, were outside the property on a road in Chilwell, Nottinghamshire, for three days before he was fined. Mr Brown is now refusing to pay - insisting he always had the intention of taking the sacks with him after the job was finished. The grandfather-of-two said: 'It's madness - I wasn't flytipping. 'I was carrying out quite a big building job on a house and we had a skip and the customers had two cars so space was limited. 'I put the empty sacks on a grass verge just outside the front of the house. They were there for three days before I got fined. 'An enforcement agent knocked on the bay window and said he wanted to speak to me about the fly-tipping and pointed at the bags. 'I said to him, "Okay, mate, I'm sorry if there's been a misunderstanding, I'll remove them now" - but he said, "No, it's too late". 'The official just said, "I'm writing you a fine for £500 for fly-tipping". 'I was shocked and couldn't believe there was no common sense being applied..' He received a Fixed Penalty Notice from Broxtowe Borough Council on June 24. Mr Brown, who has run his building firm for 30 years, said: 'I was so shocked, I told my wife and she wrote a post about what happened and put it on Facebook. 'We had lots of responses from people who had also been fined. 'It's just bullying tactics - it was like the official who fined me was waiting to pounce, he just didn't seem to have any feelings. 'It was really upsetting. My wife was really upset and we can't afford to pay this.' The fine was issued by Waste Investigations Support and Enforcement, a company that works with more than 40 local authorities. WISE says it issues people with FPNs for offences such as littering and dog fouling, while describing having 'an impressive 79 per cent payment rate'. Mr Brown is now being backed by a legal expert who says the FPN should be void because the building materials were not technically waste. Lawyer Michael Orlik, who specialises in highways, said: 'It has been issued because the builder is alleged to have deposited waste unlawfully, contrary to the Environmental Protection Act. 'But under section 75, external, waste means any substance or object which the holder discards. 'Clearly the builder has not discarded these bags, so it's not waste. They should cancel it, having found out their mistake.' A Broxtowe Borough Council spokesperson said: 'The council uses a third party contractor, WISE, for enforcement on flytipping and littering in the borough and are therefore unable to comment on individual cases.' Official figures recently suggested flytipping in England has risen to its highest level in almost 20 years. Environment Secretary Steve Reed vowed to toughen up enforcement after reported cases of illegal dumping passed 1.15million in 2023-2024. The figure is an increase of six per cent from the 1.08million the previous year and the highest level in the six years since the current method for reporting was brought in. The statistics also revealed a year-on-year fall in the number of fixed penalty notices issued for flytipping and a decline in the number of court-issued fines. Analysis of the data revealed London as a major hotspot, with eight boroughs in the top 10 local authorities for overall dumping and the highest proportion by population. The London Borough of Croydon was said to be the flytipping capital of the UK with 35,470 recorded incidents, according to an analysis of government data published covering the period from April 2023 to March 2024. Across England, the scourge of fly-tipping represnted a 6.2 per cent increase on the previous year and the second consecutive annual rise recorded. Nottingham and Liverpool were also included in the top 10, with other places towards the highest levels being Birmingham and Bradford. Last year some 60 per cent of cases involved household waste, with 688,000 incidents of illegally dumped rubbish from homes. These ranged from black bags of waste to the contents of shed clearances, furniture, carpets and DIY. The most common places for flytipping to occur were on pavements and roads, accounting for 37 per cent of incidents. Almost one third, or 31 per cent, of incidents were the size of a small van load. And another 28 per cent amounted to the equivalent of a car boot or less of rubbish. Meanwhile, four per cent were the size of a tipper lorry load or bigger. Large flytipping incidents have cost £13.1million for local authorities to clean up, research showed. Mr Reed has said: 'Flytipping is a disgraceful act which trashes communities and its increase is unacceptable. Communities and businesses shouldn't have to put up with these crimes. 'This Government will crack down on fly tipping and punish rubbish dumpers, forcing them to clean up their mess.'
BBC News
01-07-2025
- BBC News
Builder refuses to pay £500 fly-tipping penalty
A builder has accused a private enforcement firm of bullying him to pay £500 after he left building materials on a grass Brown was working on a house in Bye Pass Road in Chilwell, Nottinghamshire, where he was issued with a fixed penalty notice (FPN) for a specialist solicitor has told the BBC that the FPN was incorrectly issued, as the building materials had not been discarded and were therefore not was issued by Waste Investigations Support and Enforcement (WISE) - a firm that works with more than 40 local authorities across England, including in Broxtowe where Mr Brown was working. WISE has not responded to a request for comment. WISE says it issues people with FPNs for offences such as littering, dog fouling and fly-posting, and it claims to have "an impressive 79% payment rate".Mr Brown said the FPN was "utterly ridiculous" and he would rather be taken to court than pay it."It's just bullying tactics," said Mr Brown. "It was as though he was waiting to pounce... he just didn't seem to have any feelings."It was really upsetting. My wife was really upset - we can't afford to pay this."Mr Brown said other people shared similar experiences when his wife posted about it on Facebook."I think these companies are out to make a quick buck and upset people," he said. Why was the FPN issued? Mr Brown was issued with the FPN on Tuesday 24 said he left two bags of sand on a grass verge just outside the boundary of the property he was working on, because the driveway was full with two cars and a Brown said he was working inside the property when an officer knocked on the window and asked him to go outside."I went out and he wanted my name and address," said Mr Brown."I was a bit reluctant to give it him but he said 'you could be in a lot of trouble'."Although the officer was working for WISE, Mr Brown said he was wearing a top that said "Broxtowe Borough Council".Mr Brown said the officer pointed to the two bags of sand and accused him of fly-tipping."I said to him, 'OK mate, I'm sorry if there's been a misunderstanding, I'll remove it now'," said Mr Brown. "But he said 'no it's too late'."The officer then issued a printed FPN asking him to pay £500 as an "alternative to prosecution". Is the £500 penalty enforceable? The FPN was issued under section 33 of the Environmental Protection Act claims Mr Brown committed an offence of Michael Orlik, an independent solicitor who specialises in highways, told the BBC that the FPN had been issued incorrectly."It has been issued because the builder is alleged to have deposited waste unlawfully, contrary to the Environmental Protection Act, but under section 75, waste means any substance or object which the holder discards," said Mr Orlik."Clearly the builder has not discarded these bags, so it's not waste."Mr Orlik said Mr Brown should appeal against the FPN."They should cancel it having found out their mistake," said Mr Mr Brown does not pay, he could be prosecuted and taken to court, where his case would be heard before a district judge, or two or three lay magistrates."That's where he would say 'I'm not going to pay it, I'm not liable to pay it, you've got to prove beyond reasonable doubt that this is an offence, and that I discarded it, but I haven't discarded it, I'm using it'," said Mr Orlik."No solicitor can ever forecast a judge, but I think it's most unlikely there would be a conviction, and the charge would be dismissed."Mr Orlik said leaving building materials on a grass verge could be an offence under the Highways Act 1980, but only the highway authority could enforce would be Nottinghamshire County Council, rather than Broxtowe Borough Council."A highway inspector could arrive on the site under section 149 of the Highways Act 1980 and say to the builder, 'please remove this, it's a nuisance'," said Mr Orlik."It's hardly a nuisance, because the photograph shows that there's a carriageway, a footway, and a verge, and people are unlikely to walk on the verge so it's not a nuisance." What has the council said? Broxtowe Borough Council has been using WISE officers to enforce fly-tipping and littering laws since April, as part of a 12-month trial a statement, the council said: "The council uses a third party contractor, WISE, for enforcement on fly-tipping and littering in the borough and are therefore unable to comment on individual cases."However, residents are able to appeal a fixed penalty notice by contacting broxtowe@ or call 0333 577 2949."The BBC asked the council for details about its financial arrangement with WISE, including how money from the FPNs is split, but the council has not responded to a press release issued in May, the council said income from FPNs "can only be allocated towards measures that mitigate fly-tipping incidents or support actions that will help to prevent further issues".Broxtowe borough councillor Tyler Marsh, ward councillor for where the FPN was issued, said he had spoken to Mr Brown and would monitor what happened."I have spoken with Frank and the relevant council officer and will be monitoring the progress of the appeal, as well as scrutinising the contract and current operations of WISE in Broxtowe," he said."WISE's contract with the council is currently in its trial period. As councillors, we will factor reports like this into our review process and determine whether this approach is working for residents."
CTV News
03-06-2025
- Business
- CTV News
Heiltsuk Nation ratifies new constitution bridging historic governance and modern democracy
This photo from the Facebook page of the Heiltsuk Tribal Council shows the Big House in Bella Bella, B.C. In signing a new constitution in an historic ceremony at the Big House in Bella Bella, the Heiltsuk Nation took a step forward – by looking to the past. 'It clarifies and creates certainty for ourselves, for other governments such as the provincial and federal government, as well as proponents that might want to do business in our territory,' Heiltsuk Hereditary Chief Frank Brown told CTV News. The new constitution is the culmination of close to two decades of work which included extensive community consultation for on-reserve and off-reserve First Nations members. It passed a referendum with a 67 per cent majority. 'Today we declare to the world that we, the Heiltsuk Nation, and governments, are renewing and reclaiming our ancestral laws and authority,' elected Chief Marilyn Slett said at the signing ceremony on Friday. Over thousands of years, the Heiltsuk and other BC First Nations developed hereditary systems of governance. Canada imposed elected chiefs and councils on them through the Indian Act. The new Heiltsuk constitution enshrines a framework that will see power and decision-making authority shared by hereditary leadership, the elected chief and council, and the nation's women's council. 'It's going to provide guidance and leadership for our next generations to be able to steer the ship of the Heiltsuk Nation, to propel ourselves forward in a good way while holding on to our ancestral teachings,' said Brown.
The Sun
08-05-2025
- The Sun
Mystery deepens over girl, 19, who vanished on night out with pal a year ago – then was found dead in lake 2 days later
THE tragic death of a teenager is still being probed by cops a year after she disappeared. Reagan Brown disappeared on May 6 last year after meeting a friend at Leazes Park in Newcastle. 6 6 The 19-year-old and her pal had been sitting on a bench in the park when Reagan disappeared behind a bush to go to the toilet and never returned. At around 10:30pm on the night of her disappearance her parents received a call saying that she had gone missing. Searches involving police divers and mountain rescue teams were launched. Her body was sadly discovered two days later in the lake in Leazes Park. 6 6 An inquest into the teen's death was opened in December with a coroner stating the provisional cause of death was "drowning." The inquest into Reagan's death was adjourned. Northumbria police have now confirmed that they are still looking into the tragic death of the teen. Two suspects, who were arrested after Reagan's death, are still under investigation. Reagan's parents, Frank and Katrina Brown, live in Hexham, Northumbria. They have previously criticised police for their poor communication. They told of how they were left "begging" for updates on their daughters case. Reagan's father, Frank Brown, spoke to The Sun today on behalf of the family. He said: "There's a hole in our family with Reagan gone. We will never be the same again. "There is a headache that follows us from when we wake till when we sleep. "Reagan will always be missed but never forgotten." Reagan's parents were subjected to multiple raids on their home in the wake of their daughters disappearance. On May 7 and May 8 last year Frank and Katrina's home was turned over by cops. Katrina believes that the police were looking for a body or suicide note in her home. She claimed at the time that the police were using drones to follow the couple. According to Frank, police were in their home when they received the call stating a body had been found in the lake. Despite making two arrests Police said at the time they did not believe Reagan's death was suspicious. 6 6 A Northumbria Police spokesperson said: 'Our thoughts remain firmly with the family and friends of Reagan Brown following her tragic death in May last year. 'Almost a year on, our investigation into Reagan's death remains ongoing. 'As part of our enquiries, two people in their 20s were arrested – one was arrested on suspicion of being concerned in the supply of Class B drugs and the second on suspicion of threats to kill. 'They were subsequently released under investigation pending further enquiries. "Both people remain under investigation at this time.'
