Van confiscated

Van confiscated after it was used to dump waste on Frodsham Marshes

A MAN has had his van confiscated, fined £150 and ordered to pay prosecution costs of £490 after the vehicle was used to fly tip waste on Frodsham Marshes.
A member of the public saw three men using the van to dump rubbish on the Marshes. Police were called – but the three men had run away.
The matter was further investigated – and subsequently Sean Fagan, 29, from Whitney Road, Liverpool pleaded guilty at Chester Magistrates court to to an offence of fly tipping under section 33(5) of the Environmental Protection Act 1990.
The court was told Fagan, as the registered owner of the vehicle, Fagan was to be treated as causing the fly tipping.
Cllr Louise Gittins, leader of Cheshire West and Chester Council said: “This is a perfect example of how reporting suspicions of fly tipping can result in prosecution. It’s also an example of how the owner of the vehicle used can be prosecuted. In this case it wasn’t alleged that the defendant was present on Frodsham Marshes when the incident occurred.
“Fly-tippers should also be aware that if they are caught fly tipping using a car, van or other vehicle, like 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 always be wary if you are approached by an individual to take your rubbish away.
“If you discover illegal tipping of waste or see it being tipped, report it 24 hours a day on the Council’s website or ‘Report It’ app.”
The magistrates court has the power to sentence up 12 months imprisonment and or an unlimited fine. The case could go to the crown court where the maximum sentence is five years imprisonment and or an unlimited fine.
Check a waste carrier is registered on the Environment Agency’s website: environment.data.gov.uk/public-register/view/search-waste-carriers-brokers

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