Wheelie Bin fine

paulbrannan

Hi,

just opened my post this morning to see a nice £75 fine for leaving my wheelie bin out by one whole extra day!
Apparently I have contravened Section 46(6) of the Environmental Protection Act 1990, but after reading the Act, it's suitably vague.

My question is if there's a way of challenging the fine - do they not have to give a warning to repeat offenders etc? Also, it's on a private road, would that have any bearing?

Any advice would be appreciated as I think this is a grossly disproportionate fine.

Thanks

Owain_Moneysaver

IANAL. I think you have a chance of defending this as it's on a private road, so in effect it's still on your land and you should be able to leave the bin where you like (subject to not obstructing a right of way etc). However the legislation refers to "the placing of the receptacles for that purpose on highways or, in Scotland, roads;" and I'm not sure of the definition of highway in that Act if it would include private roads.

Also I'm not sure if it's an actual fine (the Act refers to summary conviction) or a fixed penalty which you can contest and take it to court.

Even if you're not eligible for legal aid many solicitors will do a fixed fee advice session.

paulbrannan

Cheers Owain, I will put that to them. I was also thinking of denying any knowledge as I live in a block of flats and people often nick each others bins for their own use. Surely if they can't prove I left it out, I can't be fine...hmmm.
Thanks

missprice

they havent started this tactic where i live 'yet'

however i was wondering how would they know its mine?
mine has no decals or road name or number on it
plus if i am out all day and the little scroats next door haul it out for fun, how can i be fined.

silly rule and i am just wondering not making a point

paulbrannan

Well, unfortunately I emblazoned a large house number on mine as people kept nicking it. Wish they had now

uberalles

paulbrannan wrote: »

Hi,

just opened my post this morning to see a nice £75 fine for leaving my wheelie bin out by one whole extra day!
Apparently I have contravened Section 46(6) of the Environmental Protection Act 1990, but after reading the Act, it's suitably vague.

Thanks

Please tell me this is a joke. :mad:

So what about all the times that the bin collectors cannot be bothered to collect on the day they are meant to, but you leave it out hoping they'll turn up the next, as if you don't leave it the right side of the gate they'll just ignore it.

It is getting blooming ridiculous, they are managing to fine or punish people every which way.

Bonbon

Thankfully it's not happening in my area yet.In fact we don't have wheelie bins, only black bags issued twice yearly by the council.
I'm just wondering....are they now employing 'Wheelie Bin Checkers' with a list of which day each road should have it's rubbish out?

paulbrannan

Yeah,,wish it was a joke Uberalles, as it does seem rather excessive. It's not like I'm a serial offender - I left it once for a day. Surely a warning would have sufficed.

I guess they must be hiring people to patrol as you say, Bonbon. Admittedly there had been an issue with rats due to refuse left out in our area, albeit in black bags, not wheelie bins.


I'll plead my case and see whether I can get it dismissed seeing as I'm a pillar of the community and all

albyota

errrm...... evenin all, wheely bin police here......I understand you left your wheelie bin out for a whole day.......this contravenes Section 46(6) of the Environmental Protection Act 1990........when will people realise this is a health and safety hazard.....and an environmental risk, the Wannabees at the Highways Agency would have a field day with this, they would close down all routes within a 50 mile radius, in fact the whole county would be declared a high risk area, a helecopter would be despatched to monitor the area until the offending bin was returned to its rightful home, whatever next, I hope you learn from this terrible thoughtless act of 'forgetfulness', I will ave a word with my colleagues back at the yard about this....I do hope you have all your relavent wheelie bin MOT certificate and insurance up to date, and by the way sir, have you flushed your toilet properly today?, we'll be watching you.!

chelms38

This is utter madness and if councils keep fining people for something that is not doing any harm there will be riots.

albyota

chelms38 wrote: »

This is utter madness and if councils keep fining people for something that is not doing any harm there will be riots.

sorry, you can't use Madness...its mentallyunfirmness... and we have 'riot police' so that stops that!!!:p