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Camera catches two more fly tippers

Two more fly tippers have been dealt with by the courts after evidence was gained using a hidden camera.

Both had failed to attend court earlier this week when two other fly tippers were fined and ordered to pay costs.

Betty Holmes, of Lee Avenue, Algarkirk, surrendered to a warrant issued for her arrest by Boston magistrates on Monday and appeared before magistrates in Lincoln on Thursday.

She pleaded guilty to ten charges, eight relating to fly-tipping between March 10 and 27,  2017, in the lay-by.  The court was shown still images of footage taken from a hidden camera which had been placed in the lay-by on the B1397 Struggs Hill, on the B1397 between Kirton and Sutterton.

She also admitted two more charges of  failure to contact Boston Borough Council for the purposes of an interview under s.108 Environment Act 1995 and the last charge related to her failure to provide information as to when her car was sold and to whom.

The vehicle had been seen on eight occasions entering the lay-by, a female had got out of the vehicle and disposed of suspected commercial waste by placing it on the ground, next to a refuse bin, or within the bin.  Commercial waste should not disposed of in a public lay-by.

The court was told that under s.33(5) Environmental Protection Act 1990, Miss Holmes was deemed to have caused the waste to be deposited, even though she may not have done the act herself.  She was registered owner of the vehicle and had control over its use, she had failed to ask others what they were doing with waste.

She was given a £250 fine and ordered to the full costs of £1392.72 to the council for failing to communicate or engage with it.  The council had incurred costs investigating because of her failure to contact it.

The court heard that the vehicle used had subsequently been sold.

The second defendant who had failed to turn up on Monday, Donatas Gudas, of Station Road, Kirton, had been arrested.

He admitted fly-tipping at the same location on March 19, 2017. 

An image from the camera showed him drive his Audi into the lay-by, take a box and two black plastic crates from the boot of his car and place them on the ground next to a refuse bin.

The court heard he had taken the rubbish from his home address and placed it next to the bin in the lay-by as his bin was full.  He thought someone else would come and clear the rubbish and that he was not aware of where the local tip was.  The court was told that the waste recycling centre in Boston was just 3.7 miles from his door.

The court said it had been a deliberate act, Mr Gudas had been lazy not taking the rubbish to the tip and was content for others to remove the rubbish and the public to pay for this.

He was fined £400 and ordered his to pay the costs of £578.70 and a victim surcharge of £40.  The court also informed Mr Gudas that he could face losing his vehicle and/or his driving licence if he committed a similar offence again.

On Monday two others were fined and ordered to pay costs after they admitted fly tipping in the lay-by. They were also spotted by a hidden camera

Fly tip 1 Displays a larger version of this image in a new browser window  Fly tip 2 Displays a larger version of this image in a new browser window
Two of the images presented to the court