Ice cream man duped by firm that fly-tipped his waste

Grimsby Telegraph - - Viewpoint - By Con­nor Lynch con­nor.lynch@reach­plc.com

some­body else fly-tips their waste – be­cause it’s their re­spon­si­bil­ity to check where it’s go­ing and who ex­actly it is who is pick­ing it up.

There is no doubt fly-tip­ping is on the in­crease – some peo­ple will dump any­thing and ev­ery­thing.

So if you are con­sid­er­ing call­ing in a clear­ance firm, do your home­work first – check who they are and if they are prop­erly reg­is­tered.

If they’re not, find some­body who is – even if it costs you more – it could end up be­ing much more ex­pen­sive in the long run if you end up in court.

AN ICE cream man says he was duped by the owner of a clear­ance busi­ness who fly-tipped his gar­den waste in a layby at He­witts Cir­cus and landed him in court – and it could just as eas­ily hap­pen to you.

John Bar­ton, 27, of Grove Cres­cent, Grimsby, pleaded guilty at Grimsby Mag­is­trates Court to fail­ing to com­ply with the duty im­posed by sec­tion 32 of the En­vi­ron­men­tal Pro­tec­tion Act to en­sure that waste re­moved from a prop­erty on Nor­mandy Road was taken by a li­cenced and ap­proved waste dis­posal ser­vice.

The charge re­lates to an in­ci­dent at Bar­ton’s part­ner’s home on Fe­bru­ary 7, when he con­tacted a waste re­moval ser­vice that he found on Face­book, ask­ing them to re­move some waste from the back gar­den, which was later found fly-tipped among 50 tonnes of other waste at the lay-by off He­witts Av­enue. Un­der the En­vi­ron­men­tal Pro­tec­tion Act it is the duty of the oc­cu­pier of a prop­erty to en­sure that any waste they are hav­ing re­moved has been done so in a se­cure way by an au­tho­rised

per­son, and by al­low­ing an un­li­censed op­er­a­tor to re­move waste you can be made li­able if the waste is found to be dis­posed of in an in­cor­rect fash­ion.

Bar­ton said that he was com­pletely un­aware that the per­son he had provided the waste to was not li­cenced, say­ing that the van of the waste re­moval ser­vice had an En­vi­ron­ment Agency logo on it, lead­ing him to be­lieve that ev­ery­thing would be han­dled prop­erly.

He said: “When the van pulled up at the house it had an En­vi­ron­ment Agency logo, so I had no rea­son to be­lieve that any­thing bad would have hap­pened.

“I am an ice cream man, and when some­one comes to buy an ice cream they don’t ask me for my li­cence first.”

Bar­ton was in­ter­viewed by North East Lin­colnshire Coun­cil in April, af­ter his ad­dress was dis­cov­ered on an item found amongst the fly-tipped waste, where he provided de­tails of the waste re­moval ser­vice.

How­ever, since then the coun­cil has been un­able to track down the ser­vice, as the phone num­ber provided by Bar­ton did not work, and fur­ther de­tails could not be col­lab­o­rated on so­cial me­dia, Com­pa­nies House and the En­vi­ron­ment Agency’s pub­lic reg­is­ter. Pros­e­cut­ing on be­half of the coun­cil, Joanne Ford, said that com­mu­nity com­pli­ance of­fi­cers from the coun­cil had found a card­board box with the Nor­mandy Road ad­dress la­belled on it amongst the fly-tipped waste, which also in­cluded gar­den waste, as­bestos, car parts, chil­dren’s toys, chem­i­cal con­tain­ers and paint tins.

Af­ter that the coun­cil re­quested that Bar­ton at­tend an in­ter­view with them on April 30, which he did, and co-op­er­ated with the coun­cil by pro­vid­ing de­tails of the waste ser­vice that he used. But the coun­cil was un­able to track down the waste ser­vice provider af­ter fur­ther in­ves­ti­ga­tion. Bar­ton said that if he knew that the waste was go­ing to be il­le­gally dumped then he wouldn’t have acted the way that he did. He said: “I had some gar­den waste, that was mainly bits of mud and bricks, along with an old box from a Christ­mas present that my part­ner wanted re­mov­ing.

“I asked some­one on Face­book if they would be able to re­move it for me, and never thought that I would need to ask them for a li­cence.

“I wouldn’t have acted the way that I did if I knew that the waste was go­ing to be fly-tipped.

“I am an Ice Cream man and all of this has had me fear­ing for the rep­u­ta­tion of my busi­ness. It seems un­fair that this has been put on me in such way.”

Bar­ton was given a six month con­di­tional dis­charge, along with be­ing told to pay a £20 vic­tims’ sur­charge and court costs of £85. Mag­is­trate Dr Shore said: “You are free to go about your busi­ness, but if you com­mit any more of­fences within the next six months, then these charges will be brought back up and you will have to an­swer to them.”

■ An­other man has been charged in re­la­tion to the fly-tip­ping at the He­witts Cir­cus lay-by and is due to ap­pear in court in Novem­ber.

John Bar­ton’s waste was dumped on a lay-by off He­witts Av­enue af­ter he was duped by a unlicenced waste re­moval ser­vice.

Fly-tipped waste at the lay-by near Tesco at He­witts Cir­cus.

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