Unlawful dumping of waste lands fly-tipper in court

HMRC

A rogue operator who advertised a waste clearance service on Facebook before fly-tipping two loads in Wiltshire has been fined £3,275.

Ryan Clegg pleaded guilty at Salisbury Magistrates’ court on 2 December to two counts of fly-tipping, one count of failing in his duty of care when managing controlled waste and one count of transporting controlled waste without a waste carriers’ licence.

Wiltshire Council presented evidence that showed Clegg was paid to collect a large quantity of waste as a result of adverts on social media.

However, instead of lawfully disposing of the waste at a commercial waste tip, Clegg dumped it across two sites near Calne.

The defendant failed to attend his first hearing at Swindon Magistrates’ in September and so he was arrested and brought before the court in November and released on bail.

Clegg was also sentenced to 140 hours of community work.

Councillor Bridget Wayman, Wiltshire council’s cabinet member for highways, transport and waste said, “This prosecution highlights the growing problem of ‘tip run’ operators advertising on social media, then fly-tipping the waste. The severity of the punishment shows how seriously the courts take this issue. 

“Hopefully the community order will include litter picking and waste clearance.

“If someone offers to take your waste away cheaply, it will probably end up being fly-tipped in our beautiful countryside.”

Anyone caught fly-tipping could be ordered to pay a £400 fixed penalty notice to taken to court where they face an unlimited fine or imprisonment.

‘Reckless’ reliance on transport manager leads to revocation

O-licence

A courier company that relied on a transport manager who “more likely than not” falsified his CPC certificate as well as licensing documents, has now had its O-licence revoked.

GS Couriers (Nottingham) was authorised to run three lorries in the North West region in April 2018 with Mark Scholey listed as transport manager.

However, the company was under the impression that Jamie Bogg was the listed transport manager.

A Golborne public inquiry heard how company director Richard Gethings-Smith had appointed Bogg because he had appeared “very credible” and knowledgeable and because he himself had little knowledge of operator licensing.

The PI also heard how Scholey knew nothing of his appointment and that Bogg had added his name to the licence without GS Couriers being aware.

When the company, via Bogg, applied for another licence to operate in the North East region, again with Scholey listed as transport manager, concerns were raised by the central licensing office (CLO) that Scholey did not have a genuine link to the business.

In response, a further TM1 form was submitted to the CLO, this time with Bogg’s name added, along with his CPC certificate, although additional concerns were raised that this was also falsified.

In his written decision, TC Simon Evans said Gethings-Smith “accepted with the benefit of hindsight that everything he had been told was ‘a complete lie’, but the company had been ‘blinkered’ in its dealings with what he now described as ‘a fraudster and conman’.”

Summing up, the TC said: “I find that Jamie Bogg nominated Mark Scholey as TM without admitting the true circumstances to the director, whilst purporting to carry out the role himself.”

The TC said Bogg had also falsely told the operator it could run more vehicles than it was entitled to and that the O-licence document for the North East region presented to the director by Bogg was also false.

Bogg did not appear at the PI, but TC Evans said Gethings-Smith’s failure to conduct even basic checks of the application form was “wholly reckless” and “unbecoming of a licence holder.”

The company’s licence was revoked and Gethings-Smith and fellow director Louise Gethings-Smith were disqualified for six months.

The TC found that Bogg did not hold a valid transport manager’s CPC so he had no power to make a formal direction in respect of him.