First-tier Tribunal (General Regulatory Chamber)

Neutral Citation: [2023] UKFTT 677 (GRC)

 

 Case Reference: NV/2023/0008/HWC

First-tier Tribunal

(General Regulatory Chamber)

Environment

 

Heard by: Paper Consideration

 

Listed on: 14 August 2023

 

Decision given on: 16 August 2023

 

 

Before

 

TRIBUNAL JUDGE  M. Ford

 

 

Between

 

Valentina Ivanova

Appellant

and

 

Leicester City Council

Respondent

 

On the papers

 

Decision: The appeal is dismissed

 

 

 

 

REASONS

 

 

1.      The Appellant is appealing the fixed penalty notice issued to her under s46 of the Environmental protection Act 1990 reference NV-2023-0008.

2.      She denies the allegation that she left household waste on the highway other than the times specified by the Respondent for collection of household waste.

3.      The Respondent alleges that on three separate occasions on 17/11/2022, 08/12/2022 and 26/01/2023 the Appellant was recorded as leaving her bin on the highway outside the permitted hours.

4.      I note that all three of those dates are Tuesdays. The refuse and recycling collections take place on Thursdays.

5.      On 14/12/2022 a Notice of contravention was served on the Appellant. I have evidence from the city warden showing that bin stickers were affixed to the bins advising residents that refuse collections took place on Thursdays and the residents were also issued with flyers advising them that they must not leave their wheelie bin and/or their recycling on the highway/footpath outside the permitted hours.

6.      Under section 45 of the Environment Protection Act 1990 the local authority is under a duty to arrange for collection of household waste from any residents within its area of control. 

7.      Councils can impose requirements on residents regarding the receptacles in which they place their waste for collection and other related matters including the times during which residents are permitted to place those receptacles on the public highway.

8.      I am satisfied that the s46 notices served on the appellant were duly served on the Appellant by post under section 160 (2) and (4) on the Environment protection Act.  I am satisfied that they were properly served.  I am also satisfied that stickers were attached to her bin alerting her to the situation. This can be seen in the photos supplied by the Respondent

9.                  The fixed penalty notice against which this appeal is lodged was issued because the Appellant left her wheelie bin on the highway other than at times specified in the Notice for collection.

10.       The appellant has denied the offence and stated that she has not had any                household waste “outside of public path or the trash bin”. She claims that she   only leaves her refuse out on the day on which it is to be collected. In the                    alternative, she has requested that the amount of the fine be reduced as she       cannot afford to pay it given that she works only two days a week.

11.       The Respondent acknowledges in its Reply that the Appellant was in touch           with the Council about a bulky waste collection and to request a new lid for her bin.

 

Findings

13.       On the evidence provided by the parties and served on the GRC I find that            the Appellant has committed s46 offences on three occasions between                17/11/2022 and 26/01/2023 and that the Respondent Council was correct in issuing the fixed penalty notice for contraventions of s46 of the EPA 1990                 against the Appellant.

14.       I am satisfied that the Council had given the Appellant ample notice of the            rules applicable to waste collection in her area by distributing flyers to                 residents in the area, including the Appellant as well as by attaching stickers          to her bin reminding her of the collection day and that the wheelie bin must      not be left out save at the specified times for collection. I am satisfied that                      the contravention and penalty notices were duly served on the Appellant 

15.       Three notices were served on the Appellant warning her of the contravention        but she continued to leave her bin on the footpath outside the hours specified         for collection (between 7pm on the evening before collection day and 7 am the           morning after collection).

16.       The Appellant may have misunderstood the situation and appears to make a        distinction between the footpath and the highway. But there is no such               distinction here. Residents are not permitted to leave their wheelie bins on the            footpath outside the designated hours.

17.       I see no connection between the Appellant’s request for a new lid for her                wheelie bin enquiry about bulk waste collection and the contraventions               detailed above.

18.       The Appellant has requested a reduction in the fine as she is only working             two days a week. But she does not say why she is only working two days a        week and I am not satisfied that there are compassionate circumstances in this   case such that the amount of the fine should be reduced. She may be able to           arrange a payment plan to pay the fine over a number of months, but this                       must be negotiated with the Respondent.

19.       The appeal is dismissed.

Signed:

 

Date: 14/08/2023