Van confiscated and fines issued for fly tipping in Ellesmere Port

Cheshire West and Chester Council has successfully prosecuted another fly-tipper this week (Wednesday 14 August) resulting in fines and the confiscation of the van used to commit the crime.

At Chester Magistrates Court, Eamon Ryan, 27 from Ellesmere Port entered a guilty plea to an offence of fly tipping under the Environmental Protection Act 1990.  As well as being ordered to pay a total of £3,385 in costs, fine and victim surcharge, the defendant’s vehicle was also confiscated.

During a two-week period, a white van with the registration number MV03 MYA was seen at Elm Street Yard in Ellesmere Port on several occasions.  On 7 October, photographs and a video were taken of the van and the activities of its occupants, before being reported to Cheshire West and Chester’s Regulatory Services team who investigated and brought the prosecution.

Officers attending the site found a large quantity of wooden pallets, pieces of cut-off wood, sofas, general household waste, wood panelling, and cardboard that had been disposed of.

Checks revealed that the defendant was the registered keeper of the van and therefore in control of, or in a position to control, the use of the vehicle.

On 19 October 2022 the vehicle was seen on Whitby Road in Ellesmere Port where the defendant was unloading furniture from it. The police attended, arrested the defendant, and seized the vehicle.

In interview, the defendant stated that he had the permission of the landowner to deposit waste in Elm Street Yard, but he was unable to supply any evidence of this or to produce a waste transfer licence.  

Councillor Christine Warner, Cabinet Member for Homes, Planning and Safer Communities, said:

“There is no excuse for fly tipping. This is another example how reporting possible fly tipping can result in prosecution.

“Fly-tippers should also be aware that if they are caught fly tipping using a car, van or other vehicle, as in this case, the court can order the forfeiture of the vehicle.

“Please check anyone disposing of waste for you is a licensed waste carrier and always be wary if you are approached by an individual to take your rubbish away.

“If you discover illegally tipped waste or see it being tipped, report it 24 hours a day on the Council's website or 'Report It' app.”

Report it App:

https://www.cheshirewestandchester.gov.uk/residents/contact-us/report-it-app

The Magistrates Court has the power to sentence anyone convicted of a fly tipping offence to up 12 months imprisonment, or impose an unlimited fine, or both. For cases heard in the Crown Court, the maximum sentence increases to five years imprisonment or an unlimited fine or both.

You can check if a waste carrier is registered on the Environment Agency's website: 

https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers