Hemel man fined after waste he collected was dumped in Bucks layby by contractor

A man from Hemel Hempstead was fined for allowing a person he hired to dump waste on an A-road in Bucks.

Darren Wiltshire, 44, from Hemel Hempstead, pleaded guilty to the offence of failing in his duty of care at a High Wycombe Magistrates Court hearing on 24 May.

On 21 October 2022 a Buckinghamshire Council enforcement officer came across a pile of waste dumped illegally in a lay-by on the A412 Denham Road.

Following an investigation the council discovered that waste was initially collected by Wiltshire.

He was interviewed by an enforcement officer and admitted collecting the waste that was later found dumped. He said he had put the rubbish in the back of a van that he then sold to a third person, with the rubbish still inside.

He failed to check if the new owner of the van was a registered waste carrier, and he took no precautions to prevent or deter him from fly-tipping the waste.

However, the new owner of the van told the council a different story, ultimately the local authority believed the 44-year-old was liable for the waste and had a duty of care to stop it being dumped.

In court, magistrates fined Wiltshire £603 and ordered him to pay clean-up and prosecution costs of £1,000. A victim surcharge of £41 was also levied, making a total to pay of £1,644.

Councillor Gareth Williams, said: “This case highlights the need to identify and check the credentials of people who take your waste away and for businesses to keep accurate records of the transfer. This creates a paper trail. On this occasion the paper trail supported the waste producer and led our investigators to the waste carrier. When the waste carrier could not also show his due diligence, the responsibility remained with him, leading to a successful prosecution.”

Fly-tipping can be reported to the council on the ‘fix my street’ portal on the local authority’s website.

Currently the council is dealing with an unprecedented number of reports relating to road defects and potholes reported on the roads in Bucks.