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Large dumping leads to fly tipping prosecution for Basildon resident

17 May Large dumping leads to fly tipping prosecution for Basildon resident

A woman who dumped 13 bags of soil and a garden gate near her own home has been prosecuted.

Mandi Smith, 43, of The Willows, Basildon, appeared at Southend Magistrates’ Court via video link on Tuesday 11 May, 2021 and pleaded guilty to a charge of dumping controlled waste under s33 of the Environmental Protection Act.

The offence was first investigated in July 2019, when a large pile of broken paving slabs, two contaminated pink sacks, 13 bags of soil, broken paving slabs, a garden gate, a printer, and other waste was found directly behind Ms Smith home.

A Basildon Council officer knocked at the property, where Ms Smith confirmed the waste belonged to her and that she had already arranged for it to have been removed. Ms Smith was told to remove the waste by 12 July 2019, and if removed then no fixed penalty notice (FPN) would be issued. On two further inspections after 12 July the waste remained and an FPN was issued, which remained unpaid before prosecution commenced.

The case initially went to court in March 2020 where the defendant requested additional time and was granted a final opportunity to pay the FPN. This wasn’t paid by the adjourned court hearing date in May 2020. After a delay in the relisting due to Covid, on 11 May 2021, Ms Smith pleaded guilty to the offence of dumping controlled waste. She was ordered to pay a total of £252, including a £120 fine, £100 in court costs, and a £32 victim surcharge.