Pic: Twyford Lane
Main Pic: Belvoir Road
Two women have been convicted of fly-tipping in two separate prosecutions brought by Halton Borough Council.
Laura Jayne Handford, 45 of Belvoir Road, Widnes was prosecuted at Warrington Magistrates Court last week following a report of refuse sacks, shopping bags, a suitcase, bike, clothes stand, old pieces of carpet and various other items having been fly-tipped in the entry near her home as of 4 July 2023.
After an investigation carried out by Halton Borough Council’s Community Safety and Protection Enforcement Team, Miss Handford was asked to provide the Council with information under caution to explain any involvement that she may have had with the waste being left there.
She failed to provide any information or make any contact with the Council. As a result of this, and to enable the Council to continue with the investigation, a Section 108 Notice in accordance with the Environment Act 1995 was served on Miss Handford inviting her to attend a recorded interview, held under caution at the Council offices on 8 December 2023.
The Section 108 Notice put a legal obligation on Miss Handford to attend and any failure to do so without reasonable cause could lead to prosecution. She failed to attend the interview, hindering the Council investigation and the case proceeded to Magistrates Court.
Miss Handford did not attend court, but she did submit a guilty plea by mail and the case was heard in her absence. Miss Handford was subsequently convicted of the offence, receiving a criminal record, a fine, was ordered to pay a victim surcharge and the Council’s costs.
Natalie Ballinger, 29 of Clapgates Crescent, Warrington, was prosecuted at the town’s Magistrates Court on Wednesday 31 July following a report in October 2023 that controlled waste – soil, wood, green waste, cardboard packaging, bags and various other items – was fly-tipped on land at Twyford Lane, Widnes.
After a short investigation carried out by Halton Borough Council’s Community Safety and Protection Enforcement Team, Miss Ballinger was identified as a potential suspect in the case. She attended Council offices for interview on 31 January this year and advised the Council that she had paid for someone to take waste away for her from her home address.
Miss Ballinger had failed to make any checks or take any reasonable measures to ensure that her waste was passed to somebody who was an authorised person, or to a person for authorised transport purposes, and her waste was subsequently fly-tipped on Twyford Lane.
Miss Ballinger was issued with a fixed penalty notice for £200 for failing in her householder’s duty of care in accordance with Section 34(2A) of the Environmental Protection Act 1990.
The fixed penalty gave her the opportunity to discharge all liability to conviction for the offence. However she failed to pay the fixed penalty, despite reminders from the Council. She pleaded guilty to the offence in court and was subsequently convicted, receiving a criminal record, a fine, was ordered to pay a victim surcharge and the Council’s costs.