I am the Cleansing manager for a District Council so will try and provide you some help
Did you receive any type of notice with the £50 fine? If so what act have they tried to do you under?
We do not do anything as stupid as some of the stuff that is going on in the country at the moment but the one notice we do serve is a section 46 of Environmental Protection Act 1990, this part of the act gives the local authrity to basically tell you:
In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to—
(a) the size, construction and maintenance of the receptacles;
(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on highways or, in Scotland, roads;
(d) the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles
In normal terms we can tell you where to place it, what to place it in and how much you can put in it.
Now the way we use the notice is to stop people placing rubbish bags outside on the street a number of days before collection, which then get torn open and spread accross the street etc, or if people refuse to place the rubbish in the correct place to empty. So we serve the section 46 upon the householder after we have spoken with them, so that would be warning 2, once we have served that notice, if they do it wrong again we would then give them a fixed penalty notice under section 46ZA which was added to the EPA 1990 by the Clean Neighbourhoods and Environment Act 2005.
Now bearing in mind that 1. we all pay for the streets to be cleaned and 2. would you wants your neighbours rubbish all over your drive or garden I believe that is quite reasonable. A fixed penalty notice is issued as a way of avoiding prosecution, now if people in my authority do not pay the FPN we pass it to legal to prosucute, I have never heard of us giving it to debt collecters without going to court.
Before anyone jumps on my back, we still run a weekly refuse collection allowing 5 bags per week and a 2 weekly recycling collection. We have one of the best recycling rates in West Sussex and a 98% customer satisfication rate.
If you can scan what you have received and email it to me at
[email protected] then I will have a look over it for you and give you some advice.